Appointment of Lokpal

Former Supreme Court judge A.M. Khanwilkar was recently appointed as the chairperson of Lokpal, nearly two years after the post fell vacant.

About Lokpal:

• The Lokpal and Lokayukta Act, 2013 established Lokpal at the Union level and Lokayukta at the State level in India.
• These bodies function as ombudsmen, investigating complaints of corruption against public bodies and officials.
• The concept of ombudsman originated in Sweden in 1809 and other Scandinavian countries.
• The Lokpal and Lokayukta Act defines the functions, structure, and jurisdiction of Lokpal.

Structure of Lokpal:

• Lokpal is a multi-member body comprising a chairperson and a maximum of 8 members.
• The chairperson must be a former Chief Justice of India, a former Judge of the Supreme Court, or an eminent person with specific qualifications.
• Members include judicial and non-judicial members, with 50% representation from SC/ST/OBC/minorities and women.

Appointment and Term:

• The chairperson and members of the Lokpal are appointed by the President after recommendations of a Selection Committee.
• Select Committee includes Prime Minister as Chairperson, Speaker of Lok Sabha, Leader of Opposition in Lok Sabha, Chief Justice of India or a Judge nominated by him/her, and one eminent jurist appointed by the President.
• The term of office is 5 years or until the age of 70, whichever is earlier.

Jurisdiction and Powers:

• Lokpal’s jurisdiction extends to various public officials, including the Prime Minister, ministers, Members of Parliament, and certain government officials.
• It has powers to investigate allegations of corruption, recommend action, and supervise the Central Bureau of Investigation (CBI).
• Lokpal can also issue directions to prevent the destruction of records during inquiries and confiscate assets acquired through corruption.
• State governments are required to establish Lokayukta institutions within 365 days of the Act coming into effect.

Amendments and Enhancements:

• The Lokpal and Lokayuktas Amendment Act, 2016 allowed the leader of the single largest opposition party in Lok Sabha to be a part of the selection committee.
• It also amended provisions related to asset declarations by public servants and extended the time limit for disclosure.

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