Para 1.10.5 - Lokpal & Lokayukta | KartavyaDesk
Original Rule Text
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.
What This Means
Para 1.10.5 of the Manual for Procurement of Goods, 2017, focuses on the Lokpal and Lokayukta, which are essentially anti-corruption watchdogs. Think of them as independent bodies that investigate allegations of corruption against public servants, from the Prime Minister down to Group D employees. The goal is to ensure transparency and accountability in government. They were established under the Lokpal and Lokayukta Act of 2013, with amendments in 2016.
These bodies have significant power, including the ability to recommend prosecution of corrupt officials. They also require public servants to declare their assets. While they have broad jurisdiction, there are some exceptions, particularly concerning matters of national security and international relations. The Lokpal consists of a Chairperson and up to eight members, with specific qualifications and representation from various categories, including judicial members and members from SC/ST/OBC/Minorities and women. The Lokayukta functions similarly at the state level.
Essentially, this rule highlights the importance of these anti-corruption bodies and their role in ensuring that public servants act with integrity and are held accountable for their actions. It's a reminder that corruption will be investigated and that transparency is expected.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- •Lokpal and Lokayukta are anti-corruption ombudsmen at the central and state levels, respectively.
- •They investigate allegations of corruption against a wide range of public servants, including ministers and Group A, B, C, and D employees.
- •They have the power to sanction prosecution against public servants found guilty of corruption.
- •Public servants are required to declare their assets to promote transparency.
- •The Lokpal has jurisdiction over NGOs receiving foreign contributions above Rs 10 lakh per year.
Practical Example
Mr. Sharma, a Section Officer in the Ministry of Textiles, is responsible for approving contracts for the procurement of raw materials. A complaint is filed with the Lokpal alleging that Mr. Sharma accepted a bribe of Rs. 50,000 from a supplier, M/s Verma Enterprises, to favor their bid over others. The Lokpal initiates an inquiry, examining the tender documents, financial records, and interviewing witnesses.
After investigation, the Lokpal finds sufficient evidence to support the allegation. They recommend that the Ministry of Textiles initiate prosecution against Mr. Sharma under the Prevention of Corruption Act. Furthermore, the Lokpal also recommends that M/s Verma Enterprises be blacklisted from participating in future government tenders. This example illustrates how the Lokpal can investigate and take action against corrupt officials and companies involved in procurement processes.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
What is the difference between Lokpal and Lokayukta?▼
Who can file a complaint with the Lokpal?▼
What happens if the Lokpal finds a complaint to be baseless?▼
Are there any areas where the Lokpal's jurisdiction is limited?▼
What are the qualifications to be a member of Lokpal?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
According to Para 1.10.5 of the Manual for Procurement of Goods, 2017, which of the following entities falls under the jurisdiction of the Lokpal?
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