Lokpal

Lokpal is an anti-corruption authority or an organization of ombudsman who was created in the public interest of the Republic of India. It was created in 2019. It has its headquarters in New Delhi. In this article, you will learn definition, significance, history, drawbacks, etc.

This article will provide key insights for GS Paper-II Polity and Governance of UPSC IAS Exam.

Table of Content

• What is Lokpal?
• Why an Ombudsman is a requirement of a democracy? 
• History of Ombudsman
• History of Lokpal in India
• Key features of Lokpal and Lokayuktas act 2013
• Drawbacks of Lokpal
• Conclusion        
• Frequently Asked Questions       
• Reference          

What is Lokpal?

• Lokpal is an anti-corruption authority or an organisation of ombudsman who was created in the public interest of the Republic of India.
• It was created in 2019.
• It has its headquarters in New Delhi.
• The term “Lokpal” was coined by Dr. L.M.Singhvi in 1963.
  • The word “Lokpal” is derived from the Sanskrit word “loka” means people and “pala” means protector, together it means “protector of people“. 
• Jan Lokpal Bill movement that occurred at Jantar Mantar of Delhi in 2011, was responsible for its quick enforcement and legalization.

Why an Ombudsman is a requirement of a democracy?

• Modern democratic nations are recognized for their welfare orientation, leading to an influential role of the government in the socio-economic development of the country.
• In order to fulfil this need, there was expansion of bureaucracy and administrative processes has empowered civil servants at different levels.
• This allowed for the potential misuse of power, discretion, and corruption, which results in citizens’ grievances against the administration.
• To address them, various institutional mechanisms have been established worldwide such as- the Ombudsman System, the Administrative Courts System, and the Procurator System.

History of Ombudsman:

• The concept of Ombudsman has originated in Sweden in 1809 which was established to act as a representative or spokesman for citizens, handling complaints related to administrative actions, maladministration, corruption, nepotism, and discourtesy.
• ‘Ombud’ is a Swedish term that refers to a person who acts as the representative or spokesman of another person.
• The Swedish Ombudsman operates independently from the executive, judiciary, and legislature.
• The Swedish Ombudsman have supervisory powers to ensure compliance with laws and regulations, but the Ombudsman does not possess the authority to reverse decisions or directly control administration or courts.
  • Complaints can be initiated either by citizens or through suo moto, allowing the prosecution of erring officials.
  • He can be removed only by the Parliament only when it loses confidence of the house.
  • He submits his annual report to the Parliament and hence, is also known as ‘Parliamentary Ombudsman.’
• In addition to Sweden, other Scandinavian countries, many Commonwealth nations, including India have adopted their own Ombudsman-like institutions.
• The French system of Administrative Courts and the Procurator System in socialist countries serves as an institutional device to address citizens’ grievances against administrative authorities.

History of Lokpal in India:

Recommendation of ARC:

• The Administrative Reforms Commission (ARC) of India, during 1966-1970 has suggested the establishment of two specialized authorities- ‘Lokpal’ and ‘lokayukta’ to address citizens’ grievances.
• These institutions were intended to be modelled after the Ombudsman system in Scandinavian countries and the parliamentary commissioner system for investigation in New Zealand.
• The Lokpal’s scope would only involve complaints against ministers and secretaries at both central and state levels.
• The Lokayukta was to be established one at the Center and one in each state in order to handle complaints against other specified higher officials.
• The ARC has excluded the judiciary from the purview of Lokpal and Lokayukta, similar to the NewZealand system.
  • But in Sweden, the judiciary is under the Ombudsman’s jurisdiction.
• The Lokpal shall be appointed by the president after consulting with the Chief Justice of India, the Speaker of Lok Sabha, and the Chairman of the Rajya Sabha.
• The ARC has emphasized some key features for these institutions such as:
  • They must be independent and impartial.
  • Their investigations should be private and informal.
  • Their appointment must be as apolitical as possible.
  • Their status should be on par with the highest judicial authorities.
  • They should handle matters involving injustice, corruption, or favoritism.
  • Their proceedings should not be subject to any judicial interference.
  • They should have significant powers to obtain relevant information in order to fulfil their duties.
  • They should not expect any benefits or financial advantages from the executive government.
• The Indian government has accepted the ARC’s recommendations, and several attempts were made to enact the legislation on this matter.
• Bills were introduced in the Parliament by various governments over the years, but many of them has lapsed due to the dissolution of the Lok Sabha or were withdrawn by the government.
• Finally, it was passed in 2013 as

Key features of Lokpal and Lokayuktas act 2013:

Jurisdiction and aim of Lokpal:

• It aims to establish both Lokpal at the Center and Lokayukta at the State level to ensure a uniform vigilance and anti-corruption framework for the nation.
• The Lokpal’s jurisdiction covers the Prime Minister, Ministers, Members of Parliament, and various officers of the Central Government.
  • There are specific provisions for handling complaints against Prime Minister.
• Lokpal’s jurisdiction covers all categories of public servants, and cases involving Group A and B officers will be referred to the Central Vigilance Commission (CVC) for preliminary inquiry before further action by Lokpal.
• Lokpal will have supervisory control over investigating agencies such as the CBI, for cases referred to them by Lokpal.
• The appointment of the Director of CBI will be recommended by a High-Powered Committee chaired by the Prime Minister.

Members of Lokpal:

• The Lokpal must consist of a chairperson and a maximum of 8 members.
  • 50% of its members shall be judicial members.
  • Half of the Lokpal members will be from SCs, STs, OBCs, minorities, and women.
• A Selection Committee will be responsible for selecting the Chairperson and members of Lokpal.
  • The committee shall include the Prime Minister, the Speaker of Lok Sabha, the Leader of the Opposition in Lok Sabha, the Chief Justice of India or a nominated Supreme Court Judge, and an eminent jurist appointed by the President.
• A Search Committee with 50% members from marginalized groups, will assist the Selection Committee in the appointment process.

Power of Lokpal:

• The Act allows for property attachment and confiscation of assets acquired through corrupt means, even during ongoing prosecution.
• Clear timelines are established for preliminary inquiry, investigation, and trial processes.
  • Special courts will be set up to expedite the trial.
• Maximum punishment under the Prevention of Corruption Act is increased to ten years, with minimum punishments for specific sections has been enhanced varying from 2 to 3 years.
• Institutions fully or partially financed by the Government are under Lokpal’s jurisdiction, while those only aided by the Government are excluded.
• The Act ensures sufficient protection for honest public servants.
• Lokpal can grant sanction for the prosecution of public servants instead of the Government or competent authority.
• The Act strengthens the CBI with provisions like
  • Establishment of the Directorate of Prosecution
  • Appointment of Director of Prosecution on CVC’s recommendation
  • A panel of advocates for Lokpal-referred cases
  • Transfer of officers of CBI investigating cases after the approval of Lokpal
  • Funding for cases referred by Lokpal
• Entities receiving donations exceeding ₹10 lakhs per year from foreign sources under Foreign Contribution Regulation Act (FCRA) comes under Lokpal’s jurisdiction.
• The Act mandates the establishment of Lokayukta institutions within 365 days from its commencement, with States given freedom to design their respective Lokayukta mechanisms.

Drawbacks of Lokpal:

• Lokpal lacks the Suo motoauthority or to initiate investigations on its own against any public servant.
  • Complaints need to be filed first, in order to take any action.
• The focus is more on the formalities of the complaint rather than its actual substance, which may lead to overlook of valid grievances.
• The Act imposes severe penalties for false or frivolous complaints against public servants, which discourages genuine complaints from being filed with the Lokpal.
• The Act does not allow for anonymous complaints as individuals must provide their identity and supporting documents when submitting a complaint.
  • This may lead to later harassment of the person who has filed the complaint.
• Public servants facing complaints are entitled to legal assistance, which may complicate and prolong the investigation process further.
• There is a limitation period of 7 years within which the complaints must be filed.
  • This may prevent the investigation of older cases.
• The process for handling complaints against the Prime Minister lacks transparency, raising concerns about accountability and public scrutiny.

Conclusion

The Lokpal serves as a pivotal institution in India’s governance architecture, designed to address issues of corruption at the highest levels of government. Established under the Lokpal and Lokayuktas Act, 2013, it provides a mechanism for the investigation of corruption cases against public servants, which include politicians and senior government officials. The Lokpal aims to bring about greater transparency and accountability in government operations, enhancing public faith in the integrity of public institutions.

In conclusion, the Lokpal is a critical entity for upholding the rule of law and ensuring that public officials conduct themselves in a manner that is honest and accountable. Its effective implementation is essential for the prevention and reduction of corruption in India, thereby strengthening democracy and promoting good governance.

Ref: Source-1

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