Note4Students
From UPSC perspective, the following things are important :
Prelims level: Lokpal and Lokayukta; Powers and Functions
Why in the News?
12 years after its enactment, the Lokpal and Lokayukta Act, 2013, has seen limited impact, with the Lokpal ordering just 24 investigations and granting 6 prosecution sanctions.
History of Lokpal:
- The First Administrative Reforms Commission (ARC-I) recommended establishing an anti-corruption ombudsman for India in 1966.
- Several Lokpal Bills were introduced between 1971 and 2008, but none were passed.
- In 2011, activist Anna Hazare’s Jan Lokpal Andolan led to significant public pressure for an anti-corruption framework.
- This movement resulted in the enactment of the Lokpal and Lokayuktas Act, 2013, which provides for the appointment of:
- Lokpal at the Centre.
- Lokayuktas in states to address corruption cases involving public servants.
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About Lokpal and Lokayukta
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Lokpal |
Lokayukta |
About |
- Envisioned under the Lokpal and Lokayuktas Act, 2013, it is India’s first anti-corruption ombudsman at the central level.
- Covers corruption cases involving public servants, including the Prime Minister (with exceptions), Union Ministers, MPs, and central government officials.
- Appointed by the President on the recommendation of a Selection Committee (includes PM, LoP, CJI, and an eminent jurist).
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- Established under Section 63 of the Lokpal and Lokayuktas Act, 2013, as the state-level counterpart to the Lokpal.
- Handles corruption cases involving state public servants, including Chief Ministers, Ministers, MLAs, and state officials.
- Appointed by the Governor, with the composition and appointment process varying across states.
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Powers and Functions |
- Investigates corruption cases under the Prevention of Corruption Act.
- Can confiscate property acquired through corrupt practices.
- Has jurisdiction over central officials in Groups A, B, C, and D, and institutions receiving significant foreign contributions or government funding.
- Can refer cases to the CBI or its Inquiry Wing for investigation.
- Submits annual reports to the President, which are tabled in Parliament.
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- Investigates cases under state laws, particularly involving state public servants.
- Addresses corruption complaints related to government schemes, contracts, and functioning.
- Powers vary across states, but typically include authority to recommend investigations, disciplinary action, or prosecution.
- Submits annual reports to the Governor, which are presented in the State Legislature.
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Structural Mandate |
- Composition: Chairperson (former CJI, SC Judge, or eminent person) and up to 8 members, 50% of whom must be from SC/ST/OBC/Minorities/Women.
- Tenure: 5 years or until 70 years of age.
- Salary: Chairperson’s salary equals CJI, members’ salaries equal SC Judges.
- Removal by the President upon SC inquiry for misconduct or incapacity.
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- Composition: Varies by state law but generally includes a Chairperson and members with qualifications similar to the Lokpal.
- Tenure: Defined by state legislation.
- Salary: Modeled on the Lokpal but subject to state laws.
- Removal by the Governor, often following a process modelled on the Lokpal Act.
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PYQ:
[2013] ‘A national Lokpal, however strong it may be, cannot resolve the problems of immorality in public affairs’. Discuss. |
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