Lokpal and Lokayukta: Features & Essential Aspects

Introduction

Lokpal and Lokayukta are anti-corruption ombudsman institutions in India established to address grievances related to corruption and maladministration in public office. The Lokpal is the central anti-corruption authority, while the Lokayuktas operate at the state level. They play a critical role in promoting transparency, accountability, and integrity in governance by ensuring the effective enforcement of anti-corruption laws and procedures.

Lokpal and Lokayukta Act – An Overview

• Under an act of Parliament (Lokpal and Lokayukta Act, 2013) – Statutory Body.
• Lokpal at Centre and Lokayukta at State.

Essential Aspects of Lokpal and Lokayukta Act

• Origin: The Institution of Ombudsman was first created in Sweden in 1809.
• The First Administrative Reforms Commission (ARC) of India ( 1966-1970) recommended the setting up of two special authorities designated as ‘Lokpal’ and ‘Lokayukta’.
• Superintendence and Direction: Power of superintendence and direction over any investigating agency, including the CBI, for cases referred to them by the Lokpal.
• Filing Complaints and Inquiry under the Lokpal Act: 
• Requirement for Complaints: A complaint should be in the prescribed form and must pertain to an offence under the Prevention of Corruption Act, 1988 against a public servant.
• No Restriction: on who can make such a complaint
• Inquiry: Lokpal may order a preliminary inquiry by its Inquiry Wing/any other agency, or refer it for investigation by any agency, including the CBI, if there is a prima facie case.
• The Lokpal shall call for an explanation from the public servant to determine whether a prima facie case exists.
• Non-Interference: The Act says, will not interfere with any search and seizure that may be undertaken by the investigating agency.
• Referral of Complaints: Concerning Central government servants, the Lokpal  shall refer the complaints to the Central Vigilance Commission (CVC). 
• Powers of Lokpal for Search, Seizure, and Investigation: The Lokpal is vested with the power of search and seizure and also powers under the Civil Procedure Code for conducting preliminary inquiry & investigation and power of attachment of assets and taking other steps for eradication of corruption.
  • A CBI officer appointed for the investigation by Lokpal cannot be transferred without the permission of Lokpal.
• Special Courts and Timelines: It lays down a clear timeline. For preliminary enquiry, it is three months and extendable by three months. For investigation, it is six months which may be extended by six months at a time. For trial, it is one year extendable by one year, and  to achieve this, special courts are set up.
• Maximum Punishment: It enhances maximum punishment under the Prevention of Corruption Act from seven years to ten years. 
• Empowerment of Lokpal: Lokpal conferred power to grant sanction for prosecution of public servants in place of the Government or competent authority.
• Selection of CBI: A High-Powered Committee chaired by the PM will recommend the selection of the Director of CBI.

About Lokayukta 

The Institution of Lokayukta was established first in Maharashtra in 1971. However, Odisha had passed the Act in this regard in 1970.

Features of Lokayukta

• No uniformity: Some States created Lokpal and Lokayukta while others have only Lokayukta.
• Appointment: The Lokpal and Lokayukta are appointed by the governor of the state.
  • The governor in most of the states consults (a) the chief justice of the state high court, and (b) the leader of Opposition in the state legislative assembly
• Qualifications: Some states have prescribed qualifications. Example: Uttar Pradesh, Himachal Pradesh, Andhra Pradesh etc while others don’t prescribe it, Example: Bihar and Maharashtra have not prescribed any qualification.
• Tenure: The term of 5 years duration or 65 years of age, whichever is earlier in most of the states. He is not eligible for reappointment for a second term.
• Investigations: The Lokayukta can initiate investigations either based on a complaint received from the citizen against unfair administrative action or suo moto. In some states no suo moto power, Example: Uttar Pradesh, Himachal Pradesh etvc
• Annual Report: To the governor, Governor places this report along with an explanatory memorandum before the state legislature. 
• The Lokayukta is responsible to the state legislature.
• Assistance from the State: He takes the help of the state investigating agencies for conducting inquiries.
• He can call for relevant files and documents from the state government departments.
• Advisory Role: The recommendations are only advisory and not binding on the state government.

Conclusion

• Lokpal and Lokayukta stand as robust institutions in India’s fight against corruption and maladministration. 
• Empowered to receive complaints, conduct inquiries, and take action against corruption at both the central and state levels, Lokpal and Lokayukta serve as guardians of transparency and accountability in governance. 
• By investigating allegations of corruption against public officials and ensuring timely resolution of grievances, Lokpal and Lokayukta play pivotal roles in upholding the rule of law and fostering public trust in democratic institutions. 

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