Aspirant Academy

Public Administration

Lokpal

Institutions: UPSC, Election Commission, CAG, Finance Commission, Lokpal, NITI Aayog

Paper III · Unit 2 Section 7 of 12 0 PYQs 23 min
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Lokpal

6.1 Legal Basis and History

The Lokpal and Lokayuktas Act 2013 (enacted January 1, 2014) came into operational force on 19 March 2019 when Justice Pinaki Chandra Ghose was sworn in as the first Lokpal Chairperson.

Historical journey:

  • 1966: First Lokpal Bill introduced by L.M. Singhvi committee recommendation.
  • 2011: Jan Lokpal movement led by Anna Hazare; joint drafting committee.
  • 2013: Lokpal Act passed; multiple amendments followed.
  • 2019: First Lokpal appointed after 6 years of delay.

6.2 Composition and Powers

Composition: 1 Chairperson (retired Chief Justice or Supreme Court Judge or eminent person) + maximum 8 members (at least 4 judicial members).

Jurisdiction:

  • Prime Minister (with safeguards — Article 19 matters excluded; full bench required).
  • All Union Ministers, Members of Parliament.
  • Group A, B, C, D officers of Central Government.
  • Officials of central government entities receiving donations above Rs 10 lakh from foreign sources (under FCRA).

Investigation powers:

  • Can direct CBI to investigate.
  • Has its own Inquiry Wing and Prosecution Wing.
  • Can attach assets during inquiry (up to 90 days, extendable).
  • Rigorous Imprisonment up to 7 years for public servants.

6.3 Limitations and Criticism

  1. PM has multiple safeguards: Allegations related to national security, international relations, maintenance of law and order excluded; full Lokpal bench (7 of 8 members) must agree.
  2. No suo motu power — can only act on complaints.
  3. No separate investigation agency — depends on CBI (which is under government control).
  4. Whistle-blowers Protection Act 2014 not effectively operationalised.