Term and appointment to the office of Lokpal
Lokpal Chairman and the Members can hold the office for a term of 5 years
or till they attain the age of 70 years, whichever is earlier. The members and
the chairman of Lokpal are appointed by the president on the
recommendation of a selection committee.
The selection committee consists of:
The Prime Minister of India;
The Speaker of Lok Sabha;
The Leader of Opposition in Lok Sabha;
The Chief Justice of India or any Judge nominated by Chief Justice
of India;
One eminent jurist.
The Prime Minister is the Chairperson of the selection committee. The
selection of the chairperson and the members is carried out by a search
panel of at least eight persons, constituted by the selection committee.
Lokpal and Lokayuktas are statutory bodies under Lokpal and Lokayukta
Act of 2013. These institutions fulfil the function and responsibility of an
"Ombudsman" i.e. an authority designated to investigate complaints made by
individuals against a firm or organisation, particularly a government agency.
They look into claims of corruption against governmental entities and
organisations, as well as other problems.
Timeline of Lokpal and Lokayukta Act, 2013
In 2013, both houses of Parliament enacted the Lokpal and
Lokayuktas Bill, 2011.
The Lokpal and Lokayuktas Act, 2013, went into effect on January
16, 2014.
In 2016, the Lokpal and Lokayuktas Act, 2013, was revised to close a
minor gap.
Meetings of the Selection Committee pursuant to section 4(1) of the
Lokpal and Lokayuktas Act, 2013 were held in March and April 2018
following the intervention of the Supreme Court.
On March 19, 2019, Justice (Retd) Pinaki Chandra Ghose was
appointed as India's first Lokpal, along with eight judicial and non-
judicial members.
In March 2020, Lokpal announced rules and a structure for registering
complaints.
The Lokpal and Lokayuktas Act
The Lokpal and Lokayuktas Act
The Lokpal and Lokayuktas Act calls for the appointment of a
Lokpal at the national level and Lokayuktas at the state level to
investigate cases of corruption involving certain types of public
officials.
Following the historic Anna Movement, the government amended the
Bill based on the Select Committee's recommendations before it was
enacted in the Rajya Sabha. Following the approval of these revisions
by the Lok Sabha, the bill was passed by Parliament in 2013. On
January 16, 2014, the Act was published in the Central Register.
Lokpal and Lokayuktas
Lokpal and Lokayuktas
The Lokpal is the first institution of its kind in independent India,
established under the Lokpal and Lokayuktas Act 2013 to inquire
into and examine charges of corruption against public officials who fit
within the scope and ambit of the Act.
India's Lokpal is dedicated to addressing citizens' complaints and
aspirations for clean governance. It must use all of its powers to
promote the public interest within its authority and to remove
corruption in public life.
In cases of alleged corruption, the Lokpal provides a mechanism for
swift and unbiased investigation and prosecution.
There are no limitations on who can file a complaint.
Lokayuktas in State
Lokayuktas in State
The States have to set up Lokayuktas.
Aim: To deal with charges against their own officials.
Jurisdiction of Lokayuktas: All state government personnel,
including religious institutions, as well as the governor, ministers, and
MLAs.
Almost all states had established Lokayukta as a statutory
entity with a definite tenure even before the Lokpal and
Lokayukta Act of 2013 was enacted.
The Lokayukta can be approached directly by members of the
public with allegations of corruption, nepotism, or any other type of
maladministration.
Note: The Government of India dissolved eight state commissions,
including the J&K Accountability Commission, following the
abrogation of Jammu and Kashmir's semi-autonomous status and
statehood on 5 August 2019.
States were also required to appoint a Lokayukta within a year of the
Lokpal Act taking effect. However, the Lokayukta has been
constituted in only 16 states.
Composition & Eligibility
Composition & Eligibility of Lokpal and Lokayukta:
The Lokpal panel must have a chairperson and a maximum of
eight members, according to the Act. Four of them must be judicial
members.
Eligibility
Chairperson of Lokpal: A person must have served as Chief Justice
of India, a Supreme Court judge, or a distinguished person with special
knowledge and expertise in the areas of anti-corruption policy, public
administration, vigilance, finance, law, and management for at least
twenty-five years.
Lokpal Judicial Member: The applicant must have served as a judge
on the Supreme Court or as the Chief Justice of the High Court.
Other Lokpal Members: Eminent persons with at least twenty-five
years of specific knowledge and competence in anti-corruption
policy, public administration, vigilance, finance, law, and
management.
At least half of the Lokpal members must be from Scheduled
Castes, Scheduled Tribes, Other Backward Classes, minorities,
and women.
For the position of Lokayukta: A former Chief Justice of the High
Court or a former Supreme Court judge normally serves as the
Lokayukta.
Selection Committee
The members are appointed by the president on the
recommendation of a Selection Committee comprises of:
o The Prime Minister is the Chairperson;
o Speaker of Lok Sabha,
o Leader of Opposition in Lok Sabha,
o Chief Justice of India or a Judge nominated by him/her and One
eminent jurist.
For selecting the chairperson and the members, the selection
committee constitutes a search panel of at least eight persons.
For Lokayukta
The Chief Minister selects a person as the Lokayukta after
consultation with the High Court Chief Justice, the Speaker of the
Legislative Assembly, the Chairman of the Legislative
Council, Leader of Opposition in both the Houses of State
Legislature.
The appointment is then made by the Governor.
Once appointed, Lokpal and Lokayukta cannot be dismissed nor
transferred by the government, and can only be removed by
passing an impeachment motion.
Term of Office
Term of Office of the Members of Lokpal and Lokayukta
The President of India appoints the Chairperson and Members by
warrant under his hand and seal, and they serve for a period of
five years from the date of their appointment or until they reach
the age of 70, whichever is earlier.
Salary and allowances
Salary and allowances of the Members of Lokpal and Lokayukta
The Chairperson's salary, allowances, and other working conditions are
similar to those of the Chief Justice of India. Members' salaries,
allowances, and other working conditions are similar to those of a
Supreme Court Judge.
