Lokpal and Lokayukta: UPSC Polity Notes

Lokpal and Lokayukta for UPSC is an important topic in both Prelims and Mains (GS Paper 2 – Polity and Governance). Questions often focus on their origin, structure, powers, jurisdiction, and role in curbing corruption.

Here, we’ll cover everything you need to know about Lokpal and Lokayukta for UPSC from the UPSC syllabus perspective.

The Lokpal (for the Union) and Lokayukta (for States) are statutory watchdogs established to investigate corruption. The term "Lokpal" was coined by Dr. L.M. Singhvi in 1963, meaning "people's protector". 

In simple terms, the Lokpal is a national anti‐corruption ombudsman, while each State sets up its own Lokayukta. These bodies can hear complaints against ministers, MPs, bureaucrats, and other officials.

The concept of establishing anti-corruption institutions emerged from systematic administrative reforms and persistent corruption challenges in Indian governance.

• Administrative Reforms Commission (1966): First recommended the creation of Lokpal at the center and Lokayukta in states under Chairman Morarji Desai​.
• Multiple Failed Attempts: Lokpal Bills were introduced in Parliament in 1968, 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005, and 2008, but failed to become law​.
• Anna Hazare Movement (2011): Massive anti-corruption protests led by Anna Hazare at Jantar Mantar from April 5, 2011, created nationwide pressure for strong Lokpal legislation​.
• Parliamentary Breakthrough: Following public pressure, the Lokpal and Lokayuktas Bill was passed by the Lok Sabha on December 27, 2011, and the Rajya Sabha on December 17, 2013​.
• Presidential Assent: President Pranab Mukherjee gave assent on January 1, 2014, and the Act came into force on January 16, 2014.

Also read: Constitutional Bodies in India

The 2013 Act established a comprehensive framework for anti-corruption institutions with wide-ranging powers and jurisdiction.

• Statutory Body Creation: Established Lokpal as a statutory body at the Union level and mandated states to create Lokayukta within one year​.
• Broad Jurisdiction: Covers Prime Minister, Ministers, MPs, and all categories of central government officers (Groups A, B, C, D)​.
• Limited PM Coverage: Prime Minister included except for allegations relating to international relations, security, public order, atomic energy, and space​
• NGO Inclusion: Societies and trusts receiving public donations above the specified limits and organizations receiving foreign funding over Rs 10 lakh are covered​.
• Asset Declaration Mandate: All public officials must declare assets and liabilities of self, their spouse, and dependent children​.
• Investigation Powers: Authority to conduct preliminary inquiries and investigations into corruption allegations​.
• CBI Superintendence: Powers to supervise the Central Bureau of Investigation in corruption cases.

Also read: NITI Aayog: Composition, Functions, Objectives & Major Initiatives for UPSC Exam

The 2016 Amendment Act streamlined provisions relating to asset declaration by public servants and brought procedural improvements to the original 2013 legislation.​

• Flexible Asset Declaration Timeline: Replaced the rigid 30-day period for public servants to declare assets with a flexible system where declarations are made "in such form and manner as prescribed by government"​.
• Extended Coverage: Applied to trustees and board members of NGOs receiving government funds over Rs 1 crore or foreign funding exceeding Rs 10 lakh​.
• Retrospective Application: The amendment was deemed effective from January 16, 2014, providing relief to public servants facing compliance deadlines​.
• Harmonized Procedures: Aligned asset declaration requirements with existing Acts, Rules, and Regulations for better compliance.

The Lokpal operates as a multi-member quasi-judicial body with specific composition requirements ensuring representation and expertise.

• Composition: One Chairperson and a maximum of eight Members, with 50% being Judicial Members​.
• Chairperson Qualification: Former Chief Justice of India, former Supreme Court Judge, or eminent person with 25 years of expertise in anti-corruption, administration, law, finance, or management​.
• Judicial Members: Former Supreme Court Judges or former Chief Justices of High Courts​.
• Non-Judicial Members: Eminent persons with 25 years of experience in relevant fields​.
• Reservation Provision: Minimum 50% representation for SC, ST, OBC, minorities, and women​.
• Term of Office: Five years or until age 70, whichever is earlier​.
• Appointment Authority: The President appoints on the recommendations of the Selection Committee​.
• Selection Committee: Prime Minister (Chairperson), Lok Sabha Speaker, Leader of Opposition, Chief Justice of India nominee, and one eminent jurist.

Also read: Vice President of India: Mid-Term Resignation Citing Health Reasons.

Lokpal possesses extensive jurisdiction and enforcement powers to effectively combat corruption at the highest levels of government.

Jurisdiction Coverage:

• Political Executives: Prime Minister (with specified exceptions), Council of Ministers, Members of Parliament​.
• Civil Servants: All Groups A, B, C, D officers and officials of the Central Government​.
• Associated Bodies: Directors, managers, secretaries of central act bodies, government-financed organizations​.
• Corruption Cases: Abetting, bribery giving, bribery taking, and related offenses.​

Key Powers:

• Superintendence over CBI: Direct and supervise Delhi Special Police Establishment investigations in referred cases​.
• Civil Court Powers: The Inquiry Wing is vested with civil court powers under the Code of Civil Procedure 1908​.
• Asset Confiscation: Power to confiscate assets, proceeds, and benefits obtained through corruption​.
• Transfer/Suspension: Recommend transfer or suspension of public servants connected with corruption allegations​.
• Record Protection: Prevent the destruction of records during preliminary inquiry​.
• Search and Seizure: Authorize agencies to search and seize documents relevant to investigations​.

The Lokpal Act significantly altered the role and relationship of the Central Vigilance Commission with anti-corruption enforcement mechanisms.

• New Reporting Structure: CVC must report to Lokpal on actions taken regarding referred complaints, with Lokpal issuing guidelines for effective disposal​.
• Enhanced Inquiry Powers: CVC is empowered to conduct preliminary inquiries into complaints referred by Lokpal for Groups A, B, C, and D officers​.
• CBI Appointment Role: CVC recommends the Director of Prosecution appointment in CBI to the Central Government​.
• Selection Committee Participation: The Central Vigilance Commissioner heads the selection committee for CBI officers at the Superintendent level and above​.
• Coordination Framework: Clear delineation established between Lokpal's supervisory role and CVC's investigative functions​.
• Whistleblower Integration: CVC is designated as a competent authority under the Whistleblower Protection Act 2014 for receiving public interest disclosures​.

Despite comprehensive powers, Lokpal faces several structural and operational constraints that limit its effectiveness.

• Lack of Constitutional Status: Lokpal operates as a statutory body without constitutional backing, making it vulnerable to legislative changes​.
• Limited Judiciary Exclusion: The Judiciary is completely excluded from the Lokpal's jurisdiction, creating accountability gaps​.
• Political Interference Concerns: The Selection committee composition includes political representatives, raising independence concerns​.
• Resource Constraints: Inadequate staffing, infrastructure, and financial resources affect operational efficiency​.
• Complex Complaint Procedures: Complicated filing processes discourage citizen participation​.
• Seven-Year Limitation: Complaints cannot be filed after seven years of the alleged offense, limiting accountability​.
• Anonymous Complaints Restriction: Non-acceptance of anonymous complaints reduces reporting channels.​
• Dependence on Government Cooperation: Effectiveness relies heavily on cooperation from government agencies and officials.

Strengthening Lokpal requires comprehensive reforms addressing structural weaknesses and operational challenges to realize its anti-corruption mandate.

• Grant constitutional backing to enhance independence and permanence.
• Strengthen safeguards against political influence through improved selection processes.
• Simplify complaint-filing processes, emphasizing substance over formality.
• Implement comprehensive digitalization for efficient case management​.
• Encourage remaining states to establish Lokayukta institutions.

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