Why in the News?
- Recently, the Lokpal, India’s anti-corruption ombudsman, cancelled a controversial tender to procure seven BMW cars for its Chairperson and members, following criticism from opposition parties and civil society over high costs and the perception of luxury.
- The move highlights the continued scrutiny on expenditure and accountability of statutory bodies tasked with promoting integrity and transparency in public administration.
What is Lokpal?
- Lokpal is a statutory anti-corruption authority established under the Lokpal and Lokayuktas Act, 2013.
- Its primary mandate is to inquire into allegations of corruption against certain public officials and functionaries of the Central Government.
- The institution is part of India’s broader anti-graft framework, working alongside bodies like the Central Vigilance Commission (CVC) and CBI.
Organisational Structure of Lokpal
- The Lokpal consists of a Chairperson and up to eight members, including at least four judicial members.
- Chairperson eligibility: Must be a former Chief Justice of India, a former Judge of the Supreme Court, or an eminent person with at least 25 years of expertise in anti-corruption policy and public administration.
- First Chairperson: Justice Pinaki Chandra Ghose (appointed March 2019).
- Incumbent Chairperson: Justice A.M. Khanwilkar (assumed office in 2024).
- Judicial members: Former Judges of the Supreme Court or Chief Justice of a High Court.
- Representation: Minimum 50% of members must be from SC/ST/OBC/Minorities and women.
Appointment and Tenure of Lokpal
- The Selection Committee: The President appoints the Chairperson and members based on the recommendations of a high-powered committee comprising:
- Prime Minister (Chairperson)
- Speaker of the Lok Sabha
- Leader of Opposition in the Lok Sabha (or the leader of the largest opposition party)
- Chief Justice of India (or a Supreme Court Judge nominated by the CJI)
- One eminent jurist nominated by the President.
- Tenure: Members serve for a term of five years or until they reach the age of 70 years, whichever is earlier.
- Status and Perks: The Chairperson enjoys the same salary and conditions of service as the Chief Justice of India, while members are at par with Supreme Court Judges.
Jurisdiction and Scope of Lokpal
The Lokpal exercises broad authority over various tiers of the Indian government:
- The Prime Minister: Lokpal can inquire into allegations against the PM, except for matters related to international relations, external/internal security, public order, atomic energy, and space.
- Note: Any inquiry against the PM requires a 2/3rds majority approval from the full bench in an in-camera proceeding.
- Public Servants: Includes Union Ministers, Members of Parliament (MPs), and all officials under Groups A, B, C, and D.
- Organizations: It covers heads of any board, corporation, or trust funded by the Union Government and NGOs receiving foreign contributions exceeding ₹10 lakh.
Powers of the Lokpal
- Superintendence over CBI: The Lokpal has the power to direct and supervise the Central Bureau of Investigation (CBI) for cases referred to it. A CBI officer investigating a Lokpal-referred case cannot be transferred without the Lokpal’s approval.
- Search and Seizure: It can authorize investigating agencies to conduct search and seizure operations.
- Civil Court Powers: Its Inquiry Wing is vested with the powers of a civil court for summoning witnesses and demanding documents.
- Confiscation of Assets: Under special circumstances, it can order the confiscation of assets and proceeds derived from corrupt activities, even while the prosecution is ongoing.
- Administrative Protection: It can recommend the transfer or suspension of public servants to prevent them from tampering with evidence or destroying records.
Functions of the Lokpal
- Inquiry into Corruption Complaints: Conducts preliminary inquiries and full investigations against public officials including Ministers, MPs, and central government employees.
- Coordination with Investigative Agencies: Works with CBI and other authorized agencies for effective investigation and prosecution of corruption cases.
- Prevention of Corruption: Suggests administrative, policy, and procedural reforms to minimize opportunities for corruption.
- Asset Monitoring and Recovery: Monitors financial transactions and properties of public officials and can recover illicitly acquired wealth.
- Ensuring Accountability: Ensures officials follow ethical conduct and legal compliance and takes measures to protect evidence and records.
- Annual Reporting: Submits an annual report to the President, which is laid before both Houses of Parliament, ensuring transparency.
- Disciplinary Recommendations: Can advise suspension, transfer, or departmental action against public servants under investigation.
- Public Awareness and Advisory Role: Promotes anti-corruption awareness and issues guidelines for good governance.
- Special Oversight for Prime Minister Cases: Complaints against the PM require approval from at least two-thirds of the Lokpal members before inquiry initiation.
With reference to the Lokpal in India, consider the following statements:
1. Lokpal can inquire into allegations of corruption against the Prime Minister on all matters.
2. The Chairperson and Members of the Lokpal are appointed by the President based on the recommendation of a selection committee.
3. At least 50% of the Members of the Lokpal must be from SC/ST/OBC/Minorities and women.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) All of the above
Answer: (b) 2 and 3 only
Explanation:
Statement 1 is incorrect: Lokpal cannot inquire into PM’s allegations relating to national security, atomic energy, space, and public order. Approval from at least 2/3rd of full bench members is required for PM cases.
Statement 2 is correct: Appointment is by the President on the recommendation of a selection committee comprising PM, Speaker of Lok Sabha, Leader of Opposition, CJI or a nominated Judge, and one eminent jurist.
Statement 3 is correct: Minimum 50% of members must be from SC/ST/OBC/Minorities and women to ensure representation.
