Lokpal

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According to the official data, Lokpal received as many as 89 complaints that include three MPs too from April to December, 2020.

About

The Lokpal is the first institution of its kind in independent India, established under the Lokpal and Lokayuktas Act 2013 to inquire and investigate into allegations of corruption against public functionaries who fall within the scope and ambit of the above Act.

The Lokpal ordered enquiry against 21 complaints. Out of these 18 were to be done by Central Vigilance Commission and 3 by Central Bureau of Investigation.

The Lokpal received 48 complaints against Group A and B category Central government officials, 33 were against Chairpersons, members and employees of different boards, corporations and autonomous bodies and 5 were in ‘others’ category.

By the end of December 2020, 43 complaints were closed by the Lokpal.

On March 23, 2019, President Ram Nath Kovind administered oath to Justice Pinaki Chandra Ghose as a chairperson of Lokpal. Rests of the eight members were administered oath by Justice Pinaki on 27th March, 2019.

During 2019-2020, the Lokpal received a total of 1427 complaints that included state government officials, union ministers and members of parliament. The Lokpal data also stated about 6 complaints against state ministers and members of state legislative assembly. About 200 complaints were against public sector undertakings, statutory bodies, judicial institutions and autonomous bodies. Out of total number of complaints 1347 were disposed also 1152 complaints did not fall in the jurisdiction of the Lokpal.

Structure

The Lokpal consists of a Chairperson and eight Members out of whom 50% are Judicial Members. The Chairperson and the Members are appointed by the President of India by warrant under his hand and seal and hold office for a term of five years or until they attain the age of 70 years, whichever is earlier.

The salary, allowances and other conditions of services of the Chairperson are the same as that of Chief Justice of India. The salary, allowances and other conditions of services of the Members are the same as that of a Judge of the Supreme Court.

The Lokpal has two main branches: a) Administrative Branch b) Judicial Branch

a) Administrative Branch is headed by an officer of the secretary rank to the Government of India and have following responsibilities:

1. Inquiry/ Investigation branch to be headed by an officer not below the rank of Additional Secretary to Government of India.
2. Prosecution wing to be headed by an officer not below the rank Additional Secretary to Government of India.
3. Central Registry
4. Scrutiny wing
5. Establishment, Coordination, Media and Publication
6. Budget, Finances and Accounts

b) The Judicial Branch will be headed by a judicial officer of appropriate level and will assist the Lokpal discharge their judicial functions.

Both these branches will be appropriately staffed.

Jurisdiction and Functions of Lokpal

The Lokpal has jurisdiction to inquire into allegations of corruption against anyone who is or has been Prime Minister, or a Minister in the Union government, or a Member of Parliament, as well as officials of the Union Government under Groups A, B, C and D.

It also covers chairpersons, members, officers and directors of any board, corporation, society, trust or autonomous body either established by an Act of Parliament or wholly or partly funded by the Union or State government. It also covers any society or trust or body that receives foreign contribution above Rs 10 lakh.

A complaint under the Lokpal Act should be in the prescribed form and must pertain to an offence under the Prevention of Corruption Act, 1988 against a public servant.

• On receiving a complain, the Lokpal may order a preliminary inquiry by its Inquiry Wing or any other agency, or refer it for investigation by any agency, including the CBI, if there is a prima facie case.
• Before that the Lokpal shall call for an explanation from the public servant to determine whether a prima facie case exists.
• The enquiry wing is supposed to submit the preliminary report to the Lokpal within 60 days.
• After considering the enquiry report the Lokpal may order full investigation or start departmental proceedings or close the proceedings.
• Then the investigation report is sent in the appropriate jurisdiction and a copy of the report has to be filed before the Lokpal. A Bench of at least three members will consider the report and may grant sanction to the Prosecution Wing to proceed against the public servant based on the agency’s charge-sheet. It may also ask the competent authority to take departmental action or direct the closure of the report.

The lokpal is vested with the power of search and seizure and also powers under the Civil Procedure Code for the purpose of conductiong preliminary inquiry & investigation and power of attachment of assets and taking other steps for eradication of corruption.

Lokpal will have power of superintendence and direction over any central investigation agency including CBI for cases referred to them by the Lokpal.