Lokpal and Lokayuktha
Why in news?
Recently, a Supreme Court Bench led by Justice B.R. Gavai has agreed to examine whether judges of constitutional courts, such as High Court and Supreme Court judges, can be considered public functionaries under the Lokpal and Lokayuktas Act, 2013.
Relevance:
GS-02 (Indian Polity)
What are Lokpal and Lokayukta?
- The Lokpal and Lokayukta Act, 2013 governs the establishment of Lokpal for the Union and Lokayukta for States.
- It is a statutory body without any constitutional status that functions as an “ombudsman” and inquire into allegations of corruption against certain public functionaries and for related matters.
Structure of Lokpal:
- Lokpal consists of one chairperson and a maximum of 8 members.
- The Lokpal Chairperson should be a former Chief Justice of India, a former Supreme Court judge, or a person of high integrity with at least 25 years of expertise in anti-corruption policy, public administration, vigilance, finance, law, or management.
- Members: Lokpal can have up to 8 members, with half being judicial and at least 50% from SC, ST, OBC, minorities, and women.
- Judicial Members: Must be a former Supreme Court judge or Chief Justice of a High Court.
- Non-Judicial Members: Must have 25+ years of expertise in anti-corruption, public administration, vigilance, finance, law, or management.
- Term: 5 years or until the age of 70.
- Appointment: By the President based on the recommendation of a Selection Committee comprising the PM (Chairperson), Speaker of Lok Sabha, Leader of Opposition (Lok Sabha), CJI (or nominee), and an eminent jurist.
- Search Panel: The Selection Committee forms an 8-member search panel to assist in the selection process.
Prelims Question:
Consider the following statements regarding Lokpal and Lokayuktas:
- The concept of Lokpal / Lokayukta Office in India is based upon the ombudsman in the Scandinavian countries.
- The establishment of LokPal in India was recommended by the Administrative Reforms Commission (1966).
- Rajasthan was the first state in India to constitute an institution of Lokayukta.
- Chairperson of the Law Commission of India is not a member of the Selection Committee for the appointment of Lokpal.
How many of the above statements are correct?
(A) Only One
(B) Only two
(C) Only three
(D) All the statements
Answer: (C) Only three
Explanation:
- Statement 1, Statement 2 and Statement 4 are correct.
- Statement 3 is incorrect: Maharashtra was the first state in India to constitute an institution of Lokayukta.
