Lokpal and Lokayuktas

The concept of Ombudsman originated in Sweden in 1809 — an independent official to investigate complaints against public officials.

Indian Evolution:

• First Administrative Reforms Commission (ARC, 1966-70): Recommended the setting up of an independent Lokpal (at Centre) and Lokayukta (at states) — modelled on the Swedish Ombudsman.
• 1st Lokpal Bill introduced in Parliament in 1968 — lapsed with dissolution of Lok Sabha. Repeated attempts failed.
• Anna Hazare's Movement (2011-12): Jan Lokpal movement created massive public pressure for a stronger, independent Lokpal.
• Lokpal and Lokayuktas Act, 2013: Finally enacted — provides for Lokpal at Centre and mandates states to establish Lokayukta within 1 year.

Nature: Lokpal is a statutory body under the Lokpal and Lokayuktas Act, 2013 (NOT constitutional).

First Lokpal: Justice Pinaki Chandra Ghose was appointed as the first Lokpal of India in March 2019.

Composition:

• A Chairperson + maximum 8 members.
• Reservation requirements:
  • 50% of members shall be Judicial Members (i.e., former SC judges or former Chief Justices of HC).
  • Not less than 50% from SC, ST, OBCs, Minorities, and Women combined.

Selection Committee (5 members):

Appointment: By the President on recommendation of the above Selection Committee.

Term: 5 years or until age 70, whichever is earlier.

Removal: By President on address by Parliament or on SC inquiry report for misbehaviour/incapacity.

Ineligible for further office: Chairperson and members are NOT eligible for appointment to any office of profit under Central/State Government after their term (except as Chairperson/member of another commission).

Jurisdiction of Lokpal:

Exception for PM — Lokpal does NOT cover the PM if allegations relate to:

1. International relations.
2. External and internal security.
3. Public order.
4. Atomic energy and space.

Powers:

• Can receive and inquire into complaints of corruption against public servants.
• Has powers of a civil court — can summon witnesses, require documents.
• Can direct the CBI to conduct preliminary inquiry or investigation.
• Can attach and confiscate assets disproportionate to known sources of income.
• Can grant sanction for prosecution of public servants.

Lokayuktas:

• Established at state level under the same Act (States must establish within 1 year).
• There is no uniform model — composition and jurisdiction vary by state.
• First Lokayukta was established in Maharashtra (1971).
• Karnataka Lokayukta is considered one of the strongest in the country.

Lokpal vs Lokayukta: