Key Takeaways
- Four years after the country’s first anti-corruption ombudsman to investigate complaints against public functionaries was appointed and almost a decade after the Act was passed by Parliament, the Lokpal of India will finally move into a swanky office at the World Trade Centre in Nauroji Nagar of south Delhi.
About Lokpal and Lokayuktas
- Lokpal and Lokayuktas are statutory bodies created under Lokpal and Lokayukta Act of 2013.
- These institutions fulfil the function and responsibility of an “Ombudsman” i.e. an authority designated to investigate complaints made by individuals against a firm or organisation, particularly a government agency.
- They look into claims of corruption against governmental entities and organisations, as well as other problems.
Commissions recommended to the formation of Lokpal and Lokayuktas
- In 1966, the 1st ARC advocated the establishment of two independent authorities, one at the national level and the other at the state level, to investigate complaints against public officials, including MPs. Morarji Desai was in charge of this commission.
- In 2005, the 2nd ARC, chaired by Shri Veerappa Moily, proposed that the LokPal office be established as soon as possible.
Timeline of formation
Composition & Eligibility of Lokpal and Lokayukta:
- The Lokpal panel must have a chairperson and a maximum of eight members, according to the Act. Four of them must be judicial members.
Eligibility
- The Chief Minister selects a person as the Lokayukta after consultation with the High Court Chief Justice, the Speaker of the Legislative Assembly, the Chairman of the Legislative Council, Leader of Opposition in both the Houses of State Legislature.
- The appointment is then made by the Governor.
- Once appointed, Lokpal and Lokayukta cannot be dismissed nor transferred by the government, and can only be removed by passing an impeachment motion.
Term of Office of the Members
The President of India appoints the Chairperson and Members by warrant under his hand and seal, and they serve for a period of five years from the date of their appointment or until they reach the age of 70, whichever is earlier.
Salary and allowances of the Members
- The Chairperson’s salary, allowances, and other working conditions are similar to those of the Chief Justice of India. Members’ salaries, allowances, and other working conditions are similar to those of a Supreme Court Judge.
Functions
- The Lokpal can investigate anyone who is or has been Prime Minister, a Minister in the Union Government, or a Member of Parliament, as well as officers of the Union Government in Groups A, B, C, and D.
- The Lokpal cannot probe claims against the Prime Minister relating to foreign relations, external and domestic security, public order, atomic energy, or space.
- Furthermore, accusations against the Prime Minister will not be probed unless the whole Lokpal bench recommends them and at least two-thirds of the members agree.
- If there is a probe into the Prime Minister, it should be done behind closed doors. The investigation’s materials are destroyed if the Lokpal deems that the complaint should be dismissed.
- chairpersons, members, executives, and directors of any board, corporation, society, trust, or autonomous organisation established by an Act of Parliament with full or partial support from the Union or State governments. Any society, trust, or body that takes a foreign contribution of more than 10 lakh rupees is also covered.
- The Inquiry Wing or any other body must complete its preliminary investigation and submit a report to the Lokpal within 60 days. It must get comments from both the public servant and “the competent authority” before giving its report. According to the Act, each type of public servant will have “competent authority.”
- The Lokpal has the power to propose a public official’s transfer or suspension.
Content Source – The Hindu
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