On this page you will read detailed information about Lokpal and Lokayukta Act, 2013.
You might have heard about the Lokpal and Lokayukta Act, 2013, but do you understand what it is and why it was enacted? In just 100 words, this article will provide an informative yet concise overview to help you grasp the key aspects of this important legislation. We will explore the background and purpose of the Act, its key provisions, and its intended impact. You will come away with a foundational knowledge of the Lokpal and Lokayukta Act, equipping you to engage in more nuanced discussions on this anti-corruption law. Whether you are new to the topic or desire a refresher, this piece aims to serve you with an accessible encapsulation of the law’s framework and objectives. Now let us delve into the essence of the Lokpal and Lokayukta Act, 2013.
Background and History of the Lokpal and Lokayukta Act 2013
The Lokpal and Lokayukta Act, 2013 was passed to establish the institution of Lokpal at the Centre and Lokayukta at the state level to inquire into allegations of corruption against certain public functionaries in India.
The Act provides for the establishment of a Lokpal for the Union and Lokayukta for states. The Lokpal will have jurisdiction over central government employees, including the Prime Minister, ministers, and members of parliament. The Act also lays down the process for selection and removal of the Lokpal.
The idea of a national anti-corruption ombudsman was first proposed in the 1960s. The Bill was introduced several times in Parliament but lapsed each time except in 2011. The 2011 Bill was referred to the Parliamentary Standing Committee, which submitted its report in November 2011. The Bill was passed in the Lok Sabha on 27 December 2011 but lapsed in the Rajya Sabha. New Bills were introduced in 2011, 2013 and 2014, which were referred to the Parliamentary Standing Committee. The Lokpal Bill, 2011 was finally passed in both houses of Parliament in December 2013 and received presidential assent on 1 January 2014.
The Act aims to speed up the process of investigation and prosecution of corrupt public servants. It provides a mechanism to receive complaints of corruption and initiate inquiries against public functionaries, including the Prime Minister, ministers, members of Parliament and government employees. The Act empowers the Lokpal to attach and confiscate property obtained by corrupt means, even while the prosecution is pending. It also lays down certain obligations for public servants, like disclosing their assets and liabilities.
The Act is a landmark legislation in the fight against corruption. It seeks to strengthen the anti-corruption mechanisms in the country and make the government more accountable and transparent. However, there have been some criticisms regarding the Act, including the selection process of the Lokpal, the exclusion of various entities from the purview of the Lokpal, and lack of protection for whistleblowers. There is scope for improvement in the Act to make it more effective in tackling corruption in the country.
Key Provisions of the Lokpal and Lokayukta Act, 2013
The Lokpal and Lokayukta Act, 2013 established an independent body called the Lokpal at the central level and Lokayukta at the state level to investigate and prosecute government officials involved in corruption. Some of the key provisions in the Act are:
Appointment of the Lokpal
The Lokpal will consist of a Chairperson and a maximum of eight members. 50% of the members of Lokpal shall be from SC, ST, OBCs, and minorities. The selection of Lokpal members will be done by a Selection Committee consisting of the Prime Minister, the Speaker of Lok Sabha, the Leader of Opposition in Lok Sabha, the Chief Justice of India or a judge nominated by him, and an eminent jurist nominated by the President.
Jurisdiction of the Lokpal
The Lokpal will have jurisdiction over all categories of public servants, including the Prime Minister. The Lokpal will not have any jurisdiction on the armed forces, though the Act covers the armed forces in respect of allegations of corruption relatable to procurement or sale of goods or services.
Investigation
The Lokpal will have its own investigating agency under its control to investigate cases of corruption. The investigating agency will be headed by a Director of Investigation. The Act also provides for attachment of assets and confiscation of property if the public servant is found guilty of corruption.
Prosecution
The Lokpal can initiate prosecution proceedings against a public servant before the Special Court set up under the Prevention of Corruption Act, 1988. The Lokpal can recommend the suspension or transfer of a public servant connected with the allegation of corruption.
Grievance Redressal
The Lokpal will have a wing headed by a Director of Grievances to entertain grievances from citizens related to corruption. The Lokpal is required to dispose of a grievance within 60 days of receipt.
The Act provides for strict penalties for false and frivolous complaints. It ensures speedy, fair and unbiased investigation and prosecution in cases of corruption. The Lokpal aims to strike a balance between the need to curb corruption and protect honest officers from undue harassment.
In the previous post, we had shared information about Secularism and the Indian Constitution: An Analysis, so read that post also.
Structure and Powers of the Lokpal Under the Act
The Lokpal and Lokayukta Act, 2013 established the institution of the Lokpal at the central government level, along with Lokayukta at the state level. The Lokpal has jurisdiction over all members of parliament, central government employees, and public servants. The Act outlines the structure, powers and responsibilities of the Lokpal.
Composition and Appointment
The Lokpal comprises up to eight members, including a chairperson who is or has been a Chief Justice of India or Supreme Court judge, and up to 50% of the members who are from the SC, ST, OBC, minorities and women. The selection committee for appointment includes the Prime Minister, Speaker of Lok Sabha, Leader of Opposition in Lok Sabha, Chief Justice of India or nominee, and an eminent jurist.
Powers and Functions
The Lokpal has the authority to investigate and prosecute acts of corruption by public servants. It can search and seize documents, issue summons and warrants, and appoint investigating officers. The Lokpal’s investigation report can form the basis for criminal prosecution in special courts. It also has powers to grant immunity in some circumstances.
The Lokpal’s functions include receiving and investigating complaints of corruption against public servants, conducting preliminary inquiries and investigations, prosecuting offenders, and ensuring the forfeiture of illegally acquired property. The Lokpal has jurisdiction over the Prime Minister, ministers, members of parliament, central government employees and public servants. However, it does not have jurisdiction over the armed forces and judiciary.
Overall, the Lokpal aims to curb corruption in the central government and its agencies through an independent and empowered ombudsman. By investigating and prosecuting corrupt public servants, it seeks to ensure accountability, transparency and integrity in governance. The Act provides a mechanism to receive and investigate complaints of corruption against public servants in a time-bound manner.
Criticisms and Shortcomings of the Legislation
The Lokpal and Lokayukta Act has faced criticism on several fronts. Some argue the bill lacks teeth as the Lokpal has limited power over politicians. The Lokpal cannot investigate corruption charges against MPs in the House, giving them a degree of immunity. The Lokpal also cannot probe actions of MPs in the House, allowing unethical behavior to go unchecked at times.
Additionally, the selection process of the Lokpal members has been criticized as being non-transparent and subject to political manipulation. The selection committee is dominated by politicians, raising concerns about the independence and impartiality of the Lokpal. There are also no provisions to protect whistleblowers who expose corruption. Without safeguards, whistleblowers risk facing retaliation for coming forward.
The bill has further been censured for excluding corporates and NGOs from the purview of the Lokpal. While public servants face scrutiny, the private sector remains largely unregulated and unaccountable. The Lokpal’s powers are also limited to investigating corruption only after it has taken place. It lacks authority to take proactive anti-corruption measures to improve systemic flaws that enable corruption.
Critics argue the Lokpal should have greater independence, authority, and jurisdiction to effectively curb corruption. Giving the Lokpal power over MPs and corporates, protecting whistleblowers, improving the selection process, and enabling the Lokpal to make systemic changes have all been suggested as ways to strengthen the legislation. The law can still be amended to rectify these shortcomings and provide the Lokpal more teeth to fulfill its mandate. Overall, the Lokpal Act was a step forward but still has room for improvement to become a robust anti-corruption system.
The Road Ahead: Improving the Lokpal and Lokayukta Act
The Lokpal and Lokayukta Act, 2013 was a good first step towards establishing an anti-corruption ombudsman in India. However, there is still room for improvement to strengthen the Act and ensure its effective implementation.
Extend Jurisdiction
The jurisdiction of the Lokpal should extend to all central government employees, including the Prime Minister. At present, the Prime Minister’s office is exempt from the purview of the Lokpal. Expanding its ambit will make the Act more robust and instill confidence in the system.
Improve Selection Process
The current selection process of the Lokpal chairperson and members is prone to conflicts of interest and lacks transparency. An independent selection committee comprising members of the judiciary and civil society should be constituted to recommend names to the President. Strict guidelines must be put in place to evaluate candidates based on merit alone.
Ensure Adequate Funding and Infrastructure
The Lokpal requires adequate funding and infrastructure, including office space, staff, and technology to function effectively. Allocating a separate budget for the Lokpal will allow it to operate independently without financial constraints. Recruiting qualified investigators and prosecutors is also crucial for the Lokpal to achieve its objectives.
Strengthen Grievance Redressal Mechanism
An effective grievance redressal mechanism must be established where citizens can report instances of corruption. Currently, the Act only provides for filing complaints to the Lokpal in person, by post, or through registered representatives. This process should be made more accessible by introducing online and mobile app-based complaint filing systems. Anonymous complaints should also be allowed to encourage more people to come forward without fear of consequences.
To conclude, continuous reform and review are needed to strengthen the Lokpal and Lokayukta Act, 2013 to achieve its goal of combating corruption and ensuring accountability of public servants. With political will and public support, India can establish an ombudsman that serves as a model for other countries.
Conclusion
In closing, you have gained comprehensive knowledge regarding the Lokpal and Lokayukta Act, 2013. By understanding the purpose, structure, and functions of the Lokpal and Lokayuktas as anti-corruption bodies, you now recognize their critical role. Moving forward, continue expanding your awareness of the act’s key mechanisms for investigation, inquiry and prosecution. Moreover, keep abreast of ongoing developments in the operationalization of Lokpal and Lokayuktas across Indian states. With this enhanced perspective, you can determine how to support the act’s effective implementation in curbing corruption. By internalizing this knowledge, you further cultivate an ethical, transparent and accountable society.
Disclaimer
The information and services on this website are not intended to and shall not be used as legal advice. You should consult a Legal Professional for any legal or solicited advice. While we have good faith and our own independent research to every information listed on the website and do our best to ensure that the data provided is accurate. However, we do not guarantee the information provided is accurate and make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site. UNDER NO CIRCUMSTANCES SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK. Comments on this website are the sole responsibility of their writers so the accuracy, completeness, veracity, honesty, factuality and politeness of comments are not guaranteed.
So friends, today we talked about Lokpal and Lokayukta Act, 2013, hope you liked our post.
If you liked the information about Lokpal and Lokayukta Act, 2013, then definitely share this article with your friends.
Knowing about laws can make you feel super smart ! If you find value in the content you may consider joining our not for profit Legal Community ! You can ask unlimited questions on WhatsApp and get answers. You can DM or send your name & number to 8208309918 on WhatsApp
