Law and You > Administrative Law > Lokpal and Lokayukta
The meaning of Ombudsman is a public official appointed to investigate individuals’ (citizen’s) complaints and the grievances against maladministration, especially that of public authority. Thus the Ombudsman is a grievance officer or Commissioner of Administration. In India ombudsman is called Lokpal at the centre level and Lokayukta at the State level. If there are gross lapses in the functioning of the public administration the citizens have the power to lodge a complaint against the concerned authority. He is an officer of parliament.
Administrative Reform Commission (ARC) Report:
In its Report dated 20th October, 1966, Administrative Reform Commission (ARC) felt that the redressal of citizen’s grievances is basic to the functioning of the democratic governments, and will strengthen the hands of the government in administering the laws of the land, its policies “without fear or favour, affection or ill-will”, and enable it to go up in public faith and confidence without which progress would not be possible. It recommended the appointment of one authority called ‘LOKPAL’ dealing with complaints against the administrative acts of Ministers or Secretaries to Government at the Centre and in the States and another authority called ‘LOKAYUKTA’ in each State and at the Centre for dealing with complaints against the administrative acts of other officials. It also suggested the establishment of inbuilt departmental machinery within each Ministry or Department for providing redress against cases that arise at lower levels of administration. This will reduce the number of cases which will have to go to Lokpal or Lokayukta.
Passing of the Lokpal and Lokayukta Act, 2013:
Nothing was done to pass the Bill to appoint the Lokpal and Lokayukta till 2011. Under the pressure of an anti-corruption movement launched by Anna Hazare, the Bill was passed on December 17, 2013, by Rajyasabha and on December 18, 2013, by Loksabha. The president of India Shri Pranab Mukherjee gave assent to it on January 1, 2014, and came into force on January 16, 2014. In 2016 Lok Sabha agreed to amend the Lokpal Act.
The Act seeks to provide for the establishment of Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption against certain public functionaries and for related matters. The Act extends to the whole of India, including Jammu & Kashmir and is applicable to “public servants” within and outside India.
Retired Supreme Court judge Pinaki Chandra Ghose is appointed as the first Lokpal of India by a committee consisting of Prime Minister Narendra Modi and Chief Justice of India Ranjan Gogoi and Lok Sabha speaker Sumitra Mahajan on 23 March 2019
Constitution of Lokpal:
The institution of Lokpal is a statutory body without any constitutional backing. Section 3 of the Act deals with the appointment of Lokpal at the centre. The members of Lokpal are appointed by the president on the recommendation of a selection committee. The selection committee is composed of the Prime Minister who is the 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.
It is a multimember body, made up of one chairperson and a maximum of 8 members. The person who is to be appointed as the chairperson of the body should be either the former Chief Justice of India Or the former Judge of Supreme Court Or an eminent person with impeccable integrity and outstanding ability, having special knowledge and expertise of minimum 25 years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.
Out of the maximum eight members, half will be judicial members. Minimum fifty percent of the Members will be from SC / ST / OBC / Minorities and women. The judicial member of the body should be either a former Judge of the Supreme Court or a former Chief Justice of a High Court. The non-judicial member should be an eminent person with impeccable integrity and outstanding ability, having special knowledge and expertise of a minimum of 25 years in matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.
Tenure and Reappointment:
The term of members of office is fixed for 5 years subject to the impeachment as in the case of Judge of Supreme Court. The tenure can be by way of reappointment after the expiry of the term for a further term of 5 years. Hence, ‘subject to good behaviour clause’ his tenure can be for 10 years by reappointment to the said office.
Salary and Allowances of the Chairman and Members:
As per Section 7 of the Act, the Chairman of the body shall enjoy the same salary and allowance as of Chief Justice of India while members shall receive the same salary and allowance as those enjoyed by the justices of the Supreme Court.
All the above conditions of service indicated that the office of Lokpal shall be independent and free of any control from the government in the discharge of his duties.
Jurisdiction of Lokpal:
Lokpal can investigate a complaint of maladministration where: •
- There has been an injustice;
- There has been an allegation of favouritism;
- There has been an allegation of accrual of personal benefit or gain to the administrative authority responsible for the act, namely, a Minister or a Secretary to Government at the Centre or in the States.
Section 14 of the Act, gives jurisdiction of Lokpal.
- The jurisdiction of the Lokpal will include the Prime Minister except on allegations of corruption relating to international relations, security, the public order, atomic energy, and space and unless a Full Bench of the Lokpal and at least two-thirds of members approve an inquiry. It will be held in-camera and if the Lokpal so desires, the records of the inquiry will not be published or made available to anyone.
- The Lokpal will also have jurisdiction over Ministers and MPs but not in the matter of anything said in Parliament or a vote given there. Lokpal’s jurisdiction will cover all categories of public servants.
- Group A, B, C or D officers defined as such under the Prevention of Corruption Act, 1988 will be covered under the Lokpal but any corruption complaint against Group A and B officers, after inquiry, will come to the Lokpal. However, in the case of Group C and D officers, the Chief Vigilance Commissioner will investigate and report to the Lokpal. However, it provides adequate protection for honest and upright Public Servants.
- Any person who is or has been in charge (director/manager/ secretary) of anybody/society set up by central act or any other body financed/controlled by the central government and any other person involved in act of abetting, bribe giving or bribe-taking.
Matters Excluded from the Purview of the Lokpal:
- Action relating to Foreign Government;
- Action taken under Foreigner’s Act and the Extradition Act;
- Action taken for investigation of crime or protecting the security of State; Exercise of power to determine whether a matter shall go to Court or. not;
- Action relating to commercial relations governed by contract;
- Action taken relating to appointments, removals, etc. of personnel;
- Grant of honours and awards;
- A discretionary action, except where there has been no exercise of discretion at all;
- Any action in respect of which the person aggrieved has or had a right of appeal, reference or review to or before a tribunal;
- Matters in respect of which a person aggrieved has or had a remedy by way of proceedings in any court of law. (However, he may look into such a matter if he is satisfied that in the particular circumstances it is not reasonable to expect the complainant to take or to have taken proceedings in a court of law).
- An administrative decision which was taken more than twelve months before the date of the complaint.
Powers of Lokpal:
If the Lokpal receives a complaint under the prevention of corruption act 1988, then it can initiate the investigation. If the complaint found true in the investigation then the Lokpal can ask the government to take disciplinary action against the accused public servants or can file a corruption case in a special court.
- It has powers to superintendence over, and to give direction to CBI.
- If it has referred a case to CBI, the investigating officer in such case cannot be transferred without approval of Lokpal.
- Powers to authorize CBI for search and seizure operations connected to such cases.
- The Inquiry Wing of the Lokpal has been vested with the powers of a civil court.
- It has powers of confiscation of assets, proceeds, receipts, and benefits arisen or procured by means of corruption in special circumstances
- It has the power to recommend the transfer or suspension of public servants connected with the allegation of corruption.
- It has the power to give directions to prevent the destruction of records during the preliminary inquiry.
Removal of Lokpal:
Section 37 of the Act, gives a procedure to remove chairperson or any other member of Lokpal. To remove the Lokpal 100 members of the Parliament need to sign the petition seeking the removal of the chairman of the Lokpal or any other members. This matter will be investigated by the Supreme Court and if SC finds the charges to be true then SC suggests the president remove the Lokpal from the post. Another way to remove the Lokpal is a self-reference of the President (on the advice of the cabinet) to the Supreme Court, which can investigate the charges.