Lokpal of India

News: The Foundation Day of the Lokpal of India was held for the first time on 16th January at Manekshaw Centre, New Delhi in the august presence of the Chief Justice of India, Shri Justice Sanjiv Khanna.

About Lokpal

• The Lokpal is a statutory body established under the Lokpal and Lokayuktas Act, 2013.
• Its primary mandate is to inquire into allegations of corruption against specific public functionaries and address related matters.

Organizational Structure: 

• • The Lokpal consists of a Chairperson and eight Members, of whom four are Judicial Members.
  • Eligibility for Chairperson: The Chairperson can either be:
    • A former Chief Justice of India,
    • A former Supreme Court Judge, or
    • An eminent person meeting the specified eligibility criteria.
  • Judicial Members: They must either be former Judges of the Supreme Court or former Chief Justices of High Courts.
  • Note– At least 50% of the members must be from Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), minorities, or women.

Appointment of Members

• The Chairperson and Members are appointed by the President of India on the recommendation of a selection committee comprising:
  • The Prime Minister (Chairperson),
  • The Speaker of Lok Sabha,
  • The Leader of Opposition in Lok Sabha,
  • The Chief Justice of India or a Judge nominated by them, and
  • One eminent jurist.
• The term of office for Lokpal Chairman and Members is 5 years or till the age of 70 years.
• The Chairperson’s salary, allowances, and service conditions are equivalent to those of the Chief Justice of India, while those of Members are equivalent to Supreme Court Judges.

Jurisdiction
The Lokpal’s jurisdiction extends to:

• The Prime Minister, Ministers of the Union Government, Members of Parliament, and officials of Groups A, B, C, and D in the Union Government.
• Chairpersons, members, officers, and directors of boards, corporations, societies, trusts, or autonomous bodies established by Parliament or funded by the Union/State Government.
• Societies, trusts, or bodies receiving foreign contributions above Rs.10 lakh.

Exceptions for the Prime Minister
The Lokpal cannot investigate allegations against the Prime Minister related to:

• International relations,
• External and internal security,
• Public order,
• Atomic energy, and
• Space.
• Complaints against the Prime Minister require approval from at least two-thirds of the full Lokpal bench to initiate an inquiry.

Powers of Lokpal

• Supervisory authority over the CBI, including approving the transfer of investigating officers in referred cases.
• Authorization of CBI for search and seizure operations.
• Civil court powers vested in its Inquiry Wing.
• Confiscation of assets and benefits obtained through corruption in special circumstances.
• Recommending the transfer or suspension of public servants involved in corruption allegations.
• Preventing the destruction of records during a preliminary inquiry.

Reporting
As per Section 48 of the Act, the Lokpal must submit an annual report on its activities to the President, who presents it to both Houses of Parliament.