The Lokpal And Lokayuktas Act, 2013 – An Overview

The Lokpal and Lokayuktas Act, 2013 is an anti-corruption law of India which establishes the institution of Lokpal at the central level and Lokayukta at the state level. The act was passed by the Lok Sabha on 18 December 2013 and by the Rajya Sabha on 21 December 2013. It received the assent of the President of India on 1 January 2014 and came into force from 16th January 2014. The act provides for setting up of a body known as the Lokpal at the central level and Lokayukta at the state level to receive complaints of corruption against certain public functionaries and for inquiring or causing an inquiry into such complaints and to recommend action.

What is the Lokpal and Lokayuktas Act, 2013?

The Lokpal and Lokayuktas Act, 2013 is an act that provides for the establishment of the Lokpal (Ombudsman) at the central level and the Lokayuktas ( State Ombudsman) at the state level. The objective of this act is to promote transparency and accountability in the functioning of public officials.

This act was passed by the Parliament of India on 18 December 2013. It received the assent of the President of India on 1 January 2014 and came into force on 16 January 2014.

The act provides for the establishment of a three-member panel, which will be headed by a Chairperson, to be appointed by the President of India. The other members of this panel will be selected by a Selection Committee.

The act also provides for setting up an institution known as Lokpal, which will be responsible for handling complaints relating to corruption against public servants. The act further provides for setting up an institution known as Lokayukta, which will be responsible for handling complaints relating to corruption against public servants at the state level.

The Different Parts of the Act

The Lokpal and Lokayuktas Act was enacted in 2013 to provide for the establishment of the institution of Lokpal at the Centre and Lokayukta in States. The Act envisages a three-tier architecture for the redressal of citizens’ grievances, namely, (i) at the level of Central Government ministries/departments/public sector undertakings (PSUs), (ii) through Lokpal at the Centre, and (iii) through Lokayukta in States.

The grievance redressal mechanism provided under the Act is as follows:

(i) Every ministry/department/PSU shall designate a senior officer, not below the rank of Joint Secretary, as Central Public Information Officer (CPIO). The CPIOs shall be responsible for receiving and entertaining complaints from aggrieved persons with regard to obtaining information under the Right to Information Act, 2005.

(ii) The complainant may approach the CPIO either in person or through electronic means. In case the complaint is not redressed by the CPIO within 30 days, it may be forwarded to the next higher authority, i.e., Head of Ministry/Department/Public Sector Undertaking (HOM/DoPT). The HOM/DoPT shall dispose of such complaint within 60 days from the date of receipt.

(iii) If the complainant is not satisfied with the decision of HOM/DoPT, he/she may approach Lokpal at the Centre.

The Appointment Process for the Lokpal and Lokayuktas

The Lokpal and Lokayuktas Act, 2013 provides for the establishment of the Office of the Lokpal at the Centre and Lokayukta in States. The selection of the Chairperson and members of both these institutions is through a two-stage process involving preliminary screening by a Search Committee and selection by a Selection Committee.

The Search Committee for the Lokpal comprises the Prime Minister as its Chairperson, Leader of Opposition in the Lok Sabha, one Chief Justice of India or a sitting Supreme Court Judge nominated by him/her, one High Court Judge nominated by the Chief Justice of India, one eminent jurist nominated by the President and one eminent person having knowledge of public administration, finance or management as nominated by the President on the recommendation of Prime Minister.

The Selection Committee for appointment to posts in both Lokpal and Lokayukta comprises Prime Minister as its Chairperson, Leader of Opposition in Lok Sabha, Chief Justice or a sitting Supreme Court Judge nominated by him/her, Chief Justice of High Court where vacancy is to be filled.

The appointment to these posts shall be made by the President on the recommendations of such Selection Committees.

The Functions and Powers of the Lokpal and Lokayuktas

The Lokpal and Lokayuktas Act, 2013 provides for the establishment of the Lokpal at the Centre and Lokayuktas in States. The following are the functions and powers of the Lokpal:

(i) to receive complaints of corruption from any member of public;

(ii) to investigate such complaints and take action against the guilty;

(iii) to conduct inquiries into complaints suo moto or on a reference from any authority;

(iv) to recommend measures for prevention of corruption; and

(v) to perform such other functions as may be prescribed by law.

Mandatory functions of a Lokpal

• Lokpal is to present an annual work report to the President
• It is then to be laid in both Houses of Parliament
• No report has been submitted since Lokpal was appointed in 2019. Reference- studyiq.com

How complaints can be made to the Lokpals and Lokayuktas ?

The Lokpal and Lokayuktas Act provides for the establishment of the Lokpal at the Centre and the Lokayukta in each State. The Act envisages a three-tier structure for Complaint redressal mechanism, namely, (i) at the level of office of Lokpal/ Lokayukta, (ii) at the level of Investigation Wing of Lokpal/Lokayukta and (iii) at appellate stage.

DECLARATION OF ASSETS. ( Section 44 of The Lokpal And Lokayuktas Act, 2013 )

1. Every public servant shall make a declaration of his assets and liabilities in the
manner as provided by or under this Act.
(2) A public servant shall, within a period of thirty days from the date on which he
makes and subscribes an oath or affirmation to enter upon his office, furnish to the competent
authority the information relating to—
(a) the assets of which he, his spouse and his dependent children are, jointly or
severally, owners or beneficiaries;
(b) his liabilities and that of his spouse and his dependent children.
(3) A public servant holding his office as such, at the time of the commencement of this
Act, shall furnish information relating to such assets and liabilities, as referred to in sub-
section (2), to the competent authority within thirty days of the coming into force of this Act.
(4) Every public servant shall file with the competent authority, on or before the
31st July of every year, an annual return of such assets and liabilities, as referred to in
sub-section (2), as on the 31st March of that year.
(5) The information under sub-section (2) or sub-section (3) and annual return under
sub-section (4) shall be furnished to the competent authority in such form and in such
manner as may be prescribed.
(6) The competent authority in respect of each Ministry or Department shall ensure
that all such statements are published on the website of such Ministry or Department by
31st August of that year.
Explanation.—For the purposes of this section, “dependent children” means sons
and daughters who have no separate means of earning and are wholly dependent on public servant for their livelihood.

Penalties prescribed to the Lokpal and Lokayuktas for their failures.

The Lokpal Act provides for the establishment of a Lokpal at the Centre and a Lokayukta in each State. The Act lays down the procedure for the removal of the Lokpal or Lokayukta. Under the Act, any public servant who is found guilty of corruption shall be punishable with imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Lokpal vs Lokayukta

Conclusion

The Lokpal and Lokayuktas Act, 2013 is a landmark act that seeks to establish the office of the Lokpal in India. The office of the Lokpal will provide a mechanism for citizens to lodge complaints against corruption by public servants. This act is an important step in the fight against corruption in India.

FAQ’s about Lokpal and Lokayuktas