THE LOKPAL AND THE LOKAYUKTAS

 

In public administration, the concept of ‘Ombudsman’ is used to redress citizens’ grievances in a political system by either directly receiving complaints from the public or otherwise. Ombudsman is generally an institution, with constitutional authority, that is independent of the judiciary, executive and legislature. It is comparable with that of a high judicial functionary. The core of the Lokpal in Indian context was borrowed from the ‘Concept of Ombudsman’ that is authorised to select its own way of handling any particular investigation method and use any of the agencies available.   

The Lokpal 

In 1960, Indian parliament first discussed the idea of appointing an ombudsman who would be empowered to look into complaints against public functionaries, including MPs. In 1966, the first ARC (Administrative Reforms Commission) issued recommendations for the creating ‘Ombudsman’ in India. It was a two-tier system, one for the central and other for the state level, and both were to work independently as per the recommendations made.

The Lok Pal Bill was introduced in Parliament 8 times but was not passed. 

In the year 2002, the M.N. Venkatachiliah Committee reviewed the functioning of the Constitution made recommendations for appointing the Lok Pal and Lokayuktas; However, the committee kept the Prime Minister of India out of the jurisdiction of the Lokpal.

The second Administrative Reforms Commission (ARC), under Chairmanship of Veerappa Moily recommended immediate creation of the office the Lok Pal. 

In the year 2011, the government constituted a Group of Ministers (GoM) to give suggestions on how to combat wide-spreading corruption in India and to evaluate the long pending Lok Pal Bill. Introduction of the Lokpal Bill, 2011 in the Parliament, which provided for appointment of the Lokpal for inquiring into complaints of corruption against specific public servants, followed the process. 

The Lokpal and Lokayukta Bill 2013 was passed on 17 December 2013 by the Lok Sabha after accepting recommendations on it made by Rajya Sabha. It extends to the whole of India. It shall apply to public servants in and outside.  

A Look at the Lokpal and Lokayukta Bill, 2013 

COMPOSITION OF THE LOKPAL Consisting of not more than nine members (a chairperson and up to eight other members). The president of India shall appoint each member of the Lokpal on the basis of the recommendations of the Selection Committee that comprising of:

(a) the Prime Minister - Chairperson;

And  members are

(b) the Speaker of the House of the People 

(c) the Leader of Opposition in the House of the People 

(d) the Chief Justice of India or a Judge of the Supreme Court nominated by him

(e) one eminent jurist, as recommended by the chairperson and members referred to an in clauses (a) to (d) above, to be nominated by the President.