Para 1.10.5 — GOODS_MANUAL

1.10.5 Lokpal/ Lokayukta – Anti-corruption Ombudsman 1. Lokpal and Lokayukta Act, 201312 and its amendment in 201613 (the Act) provides for Lokpal in the Central (Union) Government and Lokayukta in the State Governments as the statutory anti-corruption Ombudsman to inquire into allegations of corruption against public servants and for related matters. Once appointed by the President, in the case of Lokpal, or the Governor, in the case of Lokayukta, they cannot be transferred or removed except by impeachment proceedings undertaken by the Parliament or the State legislatures, respectively. 2. The Act outlines Lokpal and Lokayuktas' roles, powers, and responsibilities. It has a broad scope regarding the individuals it covers - extending to Union Ministers (including the serving and former Prime Ministers), Members of Parliament, and various categories of public servants, including those in Group ‘A,’ ‘B,’ ‘C,’ or ‘D’ positions as defined in the Prevention of Corruption Act, 1988. All entities (NGOs) receiving donations from foreign sources in the context of the Foreign Contribution Regulation Act (FCRA) above Rs 10 lakh per year are also under the jurisdiction of Lokpal. The Act grants Lokpal powers to sanction prosecution against public servants. 3. There are exceptions in matters related to international relations, external and internal security, public order, atomic energy, and space. To initiate an inquiry into such cases, at least two-thirds of Lokpal members must approve. The Act emphasises confidentiality. If Lokpal concludes a complaint is baseless, the inquiry records remain undisclosed to the public or any party involved. 4. One significant aspect of the Act is the requirement for public servants to declare their assets in a specified manner. This transparency measure aims to deter corruption and promote accountability. 5. The organisation consists of one Chairperson and a maximum of eight other members. The age of Lokpal (Chairperson or member) on the date of assuming office as the Chairperson or member should not be under 45 years. Out of those eight members, four members are judicial members who are or have been judges of the Supreme Court or a Chief Justice of a High Court, and the remaining four members are non-judicial members - people of impeccable integrity and outstanding ability, having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law, and management. Fifty per cent of the Members shall be from Scheduled Castes / Scheduled Tribe / Other Backward Classes / Minorities and women.

6. The Chairperson and Lokpal members are selected through a selection committee consisting of the PM, Speaker of Lok Sabha, leader of opposition in Lok Sabha, Chief Justice of India (CJI), or a sitting Supreme Court judge nominated by CJI. Another eminent jurist is to be nominated to the selection committee by the President of India based on recommendations of the first four members of the selection committee "through consensus". 7. Lokpal may refer complaints for investigation to the Central Bureau of Investigation (CBI). For such cases, CBI would work under Lokpal's supervision. It envisages a ‘Directorate of Prosecution’ under the overall control of the Director CBI with a fixed tenure of two years. The appointment of the director of prosecution is to be based on the recommendation of the Central Vigilance Commission. Transfer of CBI officers investigating cases referred by Lokpal shall be with the CVC's approval. 8. The act lays down clear timelines for preliminary enquiry investigation and trial and has provisions for attachment and confiscation of property acquired by corrupt means, even while prosecution is pending.