A.
History
1. In 1809, the institution of an Ombudsman was officially inaugurated in
Sweden - a Swedish concept
2. Lokpal is an Indian synonym for ombudsman
3. In 1960, it was first proposed in India by Law Minister Ashok Kumar Sen in
Parliament
4. The terms - Lokpal and Lokayukta coined by - Dr L.M. Singhvi
5. In 1966, the 1st Admin Reforms Commission (headed by Morarji Desai)
recommended the setting up of independent authorities at Central and State levels
- to look into complaints against public functionaries
a. Lokpal - for the Union
b. Lokayukta - for the States
6. In 1968, Lokpal was passed in Lok Sabha but lapsed - due to multiple Lok Sabha
dissolutions
7. In 2011, 8 attempts to pass the bill were made → all failed
8. In 2002, the Commission to Review the Working of the Constitution headed by
M.N. Venkatachaliah recommended the appointment of the Lokpal and
Lokayuktas
9. Also recommended that the PM be kept out of the ambit of the authority.
10. In 2005, the 2nd Admin Reforms Commission chaired by Veerapa Moily
recommended establishing Lokpal without delay
11. In 2011, the Govt. formed a Group of Ministers chaired by Pranab Mukherjee - to
suggest measures to tackle corruption and examine the proposal of the Lokpal Bill
12. The “India Against Corruption” movement led by Anna Hazare put pressure on
the UPA government at the Centre
13. This resulted in the Lokpal and Lokayuktas Bill, 2013 being passed in both
houses of Parliament
14. President’s assent - 1st Jan 2014; Enforced on 16th Jan 2014
15. The Central Vigilance Commission (CVC) set up on the recommendation of the
Santhanam Committee
16. Ombudsman sometimes referred to as the Chief Vigilance Officer or CVO
B. Intro
1. An ombudsman is a person who acts as a trusted intermediary between an
organization and its internal/external constituency
2. He/she represents the constituent’s interests
3. Complaints from individuals in banking, insurance etc., are being serviced by an
ombudsman
4. It states that -
● in administrative matters, the judiciary cannot intervene much
● Thus to resolve grievances caused to the citizens due to administrative decisions
● The legislature will appoint an officer who will solve such grievances and
problems
● This officer would be independent of the three organs (Legislature, Executive and
Judiciary)
● Such officer can start an investigation - either suo moto or by receiving problems
from the citizens
C. Important provisions of the Lokpal and Lokayukta Act
1. Lokpal and Lokayukta Act of 2013 established Lokpal for Union and Lokayukta
for States
2. These are statutory bodies and not constitutional bodies
3. These perform the function of “an ombudsman” - where they inquire into
allegations of corruption against public functionaries and related matters
4. Section 3 - Establishment and Composition
- Lokpal shall consist of -
● Chairperson - past or present CJI/SC Judge/Eminent Person
- The Eminent people will have to be of -
● Impeccable integrity or
● specialized and expertise of min. 25 years in matters
related to anti-corruption, public admin, vigilance,
finance, banking, law and management
● Apart from the chairperson, the committee will consist of 8 more
members
- 4 judicial members - a former judge of HC/SC or former
Chief Justice of an HC
- 4 non-judicial members - with Impeccable integrity
specialized and expertise of min. 25 years in matters related
to anti-corruption, public admin, vigilance, finance,
banking, law and management
- 50% of the total reserved for -
SC/ST/OBC/Minorities/Women
8
Members
4 judicial 4 non-judicial
members members
Who can be Who can be non-
judicial members judicial members -
- People with
SC impeccable
Judge integrity
Chief People with
Justice of special
the HC knowledge in
5. Section 4 - Selection Committee and Search Committee
- The Selection Committee consists of -
● PM
● Speaker
● Leader of Opposition
● CJI (or another judge nominated by him)
● Eminent Jurist
- This selection committee will set up a 7-member panel known as the
Search Committee
- The search committee creates a list of persons for consideration for the
Lokpal and Lokayukta committees
- The selection committee can select people not recommended by the
Search Committee as well
6. Section 6 - Tenure of Chairperson and other members
- Term - 5 years or until they reach 70 years of age
- Such members cannot be an MP, MLA or hold an office of profit
7. Section 14 - Jurisdiction
- Jurisdiction of Lokpal to include -
● PM
● Ministers
● MP
● Officers of Groups A, B, C and D
● Other Central Government officials
- Exception for PM- allegation of corruption relating to international
relations, security, public order, atomic energy and space
- Allegations against PM to be approved by 2/3rd members of Lokpal for
investigation to be initiated
- Exception to Minister and MP; anything said in Parliament or vote given
there
- Jurisdiction extends to any person who is or has been in charge like
Director, Manager or Secretary of anybody set up financed or controlled
by Central Act/Govt. and is involved in bribery
- The Act mandates that public officials furnish their and their respective
dependents' assets and liabilities.
8. Powers
- Inquiry Wing has the same powers as the Civil court
- Powers of confiscation of assets, proceeds, receipts and gains or procured
by means of corruption in special circumstance
- Power to recommend transfer or suspension of public servant connected
with allegation of corruption
- Power to direct to prevent the destruction of records during preliminary
inquiry
D. Trivia
a. 1st Lokpal - Pinaki Chandra Gosh , 2019
b. 1st Lokayukta - Maharashtra
c. Lokayukta abolished by ordinance- Haryana
E. Criticisms
a. No uniformity in qualification
- Maharashtra - the first state to appoint Lokayukta. However, a person
belonging to IAS appointed as Lokayukta in Maharashtra → conflict of
interest
b. Grievance redressal is not available in every Lokayukt
c. Red-Tapism
- In 2020-21, around 2400 applications were filed with Lokpal.
- However, only 245 were addressed.
- The rest were rejected on the grounds that it was not filed with proper procedures
- Lokpal was introduced as an alternative to avoid undergoing highly technical
procedures of courts. But Lokpal faces the same issue.
d. Order/directions issued by Lokayukta rejected citing political influence
