The Administrative Reforms Commission (ARC) recommended the establishment of institutions similar to the Scandinavian Ombudsman system and the parliamentary commissioner for investigation in New Zealand, known as Lokpal at the central level and Lokayukta at the state level. These institutions are meant to handle complaints of corruption and malfeasance in government.
Current (March 2024) Lokpal - Ajay Manikrao Khanwilker
Lokpal and Lokayukta Act (2013):
The Lokpal and Lokayukta Act of 2013 aims to establish the institutions of Lokpal at the Centre and Lokayukta at the level of the state, providing a uniform vigilance and anti-corruption framework across the nation.
➤ Composition of Lokpal:
- The Lokpal consists of a Chairperson and a maximum of eight members, with at least 50% of them being judicial members.
- At least 50% of the members should come from socially and economically marginalized groups such as Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities, and women.
➤ Selection Process:
➤ The Chairperson and members of the Lokpal are selected through a selection committee consisting of:
- Prime Minister
- Speaker of the Lok Sabha
- Leader of the Opposition in the Lok Sabha
- Chief Justice of India or a sitting Supreme Court Judge nominated by the Chief Justice of India
- An eminent jurist nominated by the President based on recommendations from the other committee members.
➤ Jurisdiction of Lokpal:
- Lokpal's jurisdiction includes the Prime Minister, ministers, Members of Parliament, and officers of the Central Government in groups A, B, C, and D.
State-Level Institutions: Lokayukta
Before the enactment of the Lokpal and Lokayukta Act (2013), many states had already established the Lokayukta institutions.
➤ Structural Variations:
- The structure and organization of the Lokayukta vary across different states.
- Some states, like Rajasthan, Karnataka, Andhra Pradesh, and Maharashtra, have established both Lokayukta and Upalokayukta, while others like Bihar, Uttar Pradesh, and Himachal Pradesh only have Lokayukta.
- Certain states like Punjab and Odisha have designated officials as Lokpal.
➤ Appointment Process:
- The Lokayukta and Upalokayukta are appointed by the Governor of the state.
- Most governors consult the Chief Justice of the state High Court and the leader of the Opposition in the state legislative assembly before making appointments.
- Qualifications:
➤ In states such as Uttar Pradesh, Himachal Pradesh, Andhra Pradesh, Gujarat, Odisha, Karnataka, and Assam, judicial qualifications are prescribed for Lokayukta.
➤ However, states like Bihar, Maharashtra, and Rajasthan do not have specific qualifications prescribed.
- Tenure:
➤ The term of office for Lokayukta is typically set for five years or until they reach the age of 65, whichever comes first.
➤ Reappointment for a second term is generally not allowed.
The establishment of Lokpal and Lokayukta aims to enhance accountability and transparency in governance, providing a channel for citizens to raise grievances against public officials and government bodies.
67th BPSC
Q. The first ‘Lokayukta’ was established in which of the following States?
A. Odisha
B. Kerala
C. Maharashtra
D. None of the above
