LOKPAL
Jan. 21, 2019

Recently, the Supreme Court “requested” a search committee to suggest by February-end a panel of names for appointment of the country’s first Lokpal, an anti-corruption ombudsman. 

 

Background: 

  • For decades, India has made efforts to appoint an anti-corruption ombudsman. Amid repeated demands, many attempts were made at legislation, with Lokpal Bills introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and 2008, but none of these was passed. 

  • Finally, The Lokpal and Lokayuktas Act was enacted in December 2013 and was notified on January 1, 2014. 

  • The act was a result of a public movement for a Jan Lokpal Bill, initiated by activist Anna Hazare, Kiran Bedi and Arvind Kejriwal in the aftermath of several corruption scandals emerging during the tenure of the then UPA government. 

The Lokpal and Lokayuktas Act 2013: 

  • The Act allows for setting up of anti-corruption ombudsman called Lokpal at the Centre. A Lokayukta is to be appointed in every state within one year of the passing of the Act (but several states are yet to appoint such an institution). 

  • Composition: The Lokpal will consist of a chairperson and a maximum of eight members. 
    • Chairperson should have been a Chief Justice of India, or is or has been a judge of the Supreme Court, or an eminent person who fulfils eligibility criteria as specified. 

    • 50% of the members are to be judicial members, provided that not less than 50% of the members belong to the Scheduled Castes, Scheduled Tribes, OBCs, minorities, and women. 



  • Inquiry Wing: Lokpal will have an Inquiry Wing for conducting preliminary inquiry into any offence alleged to have been committed by a public servant punishable under the Prevention of Corruption Act, 1988. 

  • Prosecution Wing: It will also have a Prosecution Wing for the prosecution of public servants in relation to any complaint by the Lokpal under this Act. 

  • Jurisdiction of Lokpal: It covers a wide range of public servants — from the Prime Minister (PM), ministers and MP, to groups A – D officers of the central government including the chairperson and members of the Lokpal. However, there are some exceptions for PM:
    • Lokpal cannot inquire allegations against the PM relating to international relations, external and internal security, public order, atomic energy and space. 

    • Also, complaints against the PM are not to be probed unless the full Lokpal bench considers the initiation of inquiry and at least 2/3rds of the members approve it. 



 Search Committee:

  • In 2014, the search committee rules were notified, but appointments to the committee were not made. In September 2018, the search committee was constituted which is chaired by retired SC Justice Ranjana Desai. 

  • On January 17, 2019, the Supreme Court “requested” the search committee to prepare its panel by the end of the next month and set March 7, 2019 as the next date of hearing. 

Selection committee:

  • Once the search committee submits its recommendation for the Lokpal and its members, a selection committee will consider those names and forward them to the President for his consideration. 

  • The five-member selection committee comprises the following –
    • Prime Minister (chairperson),

    • Lok Sabha Speaker,

    • Leader of the Opposition,

    • Chief Justice of India and

    • An Eminent jurist nominated by the President. 



  • However, the act has not been implemented all these years because the Union Government argued there was no Leader of the Opposition in the 16th Lok Sabha. 

  • However, in 2017, Supreme Court, in a judgment, clarified that the Lokpal appointment process need not be stalled merely due to the absence of the Leader of the Opposition. 

https://indianexpress.com/article/explained/lokpal-lokayuktas-bill-anna-hazare-5547507/