“The countrymen should not lose this spirit, this is our fight against corruption” – Anna Hazare
Evolution, Advocacy, and Legislative Milestones
- In 1809, the institution of ombudsman was inaugurated officially in Sweden.
- In India, the concept was first proposed by law minister Ashok Kumar Sen in the early 1960s.
- The terms Lokpal and Lokayukta were coined by Dr. L. M. Singhvi.
- In 1966, the First ARC recommended two independent authorities at central and state levels. In 2005, the Second ARC chaired by Veerappa Moily recommended setting up the office without delay.
- The “India Against Corruption Movement” led by Anna Hazare resulted in the passing of the Lokpal and Lokayuktas Bill, 2013. It received Presidential assent on 1 January 2014 and came into force on 16 January 2014.
Global Context: The Ombudsman Framework
The success of democracy depends on the redressal of citizens’ grievances. The Scandinavian institution of Ombudsman (1809) handles:
- Abuse of administrative discretion (misuse of power).
- Maladministration (inefficiency).
- Administrative corruption (bribery).
- Nepotism and Discourtesy.
Features include independence from executive, Suo moto power, uninterrupted access to files, and simple/speedy methods.
Composition and Tenure of Lokpal
Lokpal is a multi-member body (1 Chairperson + maximum 8 members).
- Chairperson: Former CJI, former SC Judge, or eminent person with 25 years of expertise in anti-corruption, finance, or law.
- Members: 50% must be judicial members. Minimum 50% must be from SC/ST/OBC/Minorities and women.
- Judicial Member: Former SC Judge or former Chief Justice of a High Court.
- Tenure: 5 years or until the age of 70 years.
Appointment Process
Appointed by the President on the recommendation of a Selection Committee:
| Sl No. | Selection Committee Members |
|---|---|
| 1 | Prime Minister (Chairperson) |
| 2 | Speaker of Lok Sabha |
| 3 | Leader of Opposition in Lok Sabha |
| 4 | Chief Justice of India or a Judge nominated by him/her |
| 5 | One eminent jurist |
Former SC judge Pinaki Chandra Ghose is India’s first Lokpal.
Jurisdiction and Exemptions
- Scope: Includes Prime Minister, Ministers, MPs, Groups A, B, C, and D officers.
- PM Exemption: Allegations related to international relations, security, public order, atomic energy, and space are exempt. Inquiry requires a full bench and 2/3rds approval. Probes are held in camera.
- Parliamentary Immunity: No jurisdiction over things said or votes given in Parliament.
Powers and Functions
- Superintendence: Has power over CBI; investigating officers in referred cases cannot be transferred without Lokpal's approval.
- Wings: Has an Inquiry Wing (Civil Court powers) and a Prosecution Wing.
- Asset Seizure: Can confiscate assets procured via corruption and suspend public servants.
Working Timeline:
- Establish prima facie case after seeking explanation.
- Preliminary Enquiry report: Within 60 days.
- Preliminary investigation: Normally within 90 days.
- Special Court trials: Must complete within one year (Total period max 2 years).
Difference between Lokpal and Lokayukta
| Aspect | Lokpal | Lokayukta |
|---|---|---|
| Jurisdiction | National level. | State level. |
| Scope | Central government officials. | State government officials. |
| Appointment | President of India. | Governor of the respective state. |
| Composition | 1 Chairperson + up to 8 members. | Varies (Lokayukta and Upa Lokayukta). |
| Accountability | Accountable to the President. | Accountable to the Governor. |
Way Forward
- Streamline complaint procedures emphasizing substance over formality.
- Empower Suo Motu authority for proactive investigations.
- Ensure adequate staffing, infrastructure, and financial resources.
- Insulate institutions from political interference to bolster autonomy.
- Encourage states to expedite Lokayukta establishment for local redressal.
Conclusion
Despite challenges like delayed appointments, Lokpal and Lokayuktas represent a significant step toward ethical governance. Strengthening their operational capacity and independence will foster public trust and contribute to a more accountable and corruption-free India.