The establishment of the Lokpal and Lokayuktas
By Shikara Academy Hyderabad: This article is on Lokpal and Lokayuktas as part of the series that deals with Constitutional and Statutory bodies. LOKPAL AND LOKAYUKTA: The Lokpal and the Lokayuktas Act 2013 passed by the Parliament in December, received assent of the President on January 1, and will come into effect on January 16, […]
By Shikara Academy
Hyderabad: This article is on Lokpal and Lokayuktas as part of the series that deals with Constitutional and Statutory bodies.
LOKPAL AND LOKAYUKTA:
The Lokpal and the Lokayuktas Act 2013 passed by the Parliament in December, received assent of the President on January 1, and will come into effect on January 16, 2014. It is the most demanded and debated legislations passed in the recent times in India.
BACKGROUND
Corruption in India is rampant both in the public and private sector. However, the unearthening of several scams which involved huge amounts, the involvement of the top notch of both political and permanent executive and the exposure of the nexus between the corporate and executive in these scams had resulted in widespread public uproar and a renewed demand for the establishment of the Lokpal.
The institution of ombudsman, originated in the Scandinavian countries, is a largely independent body appointed to investigate into the complaints and address grievances of the people against a public authority.
The institution of ombudsman for redressal of public grievances in the form of Lokpal at the centre and Lokayukta in the states was proposed by the first Administrative Reforms Commission headed by Moraji Desai.
The Lokpal bill was introduced 10 times in the last 45 years before it was finally passed and became a law. (1968, 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005, 2008)
PURPOSE OF THE ACT
The Act seeks to provide for the establishment of a statutory body called the Lokpal for the union and the Lokayukta for States to inquire into allegations of corruption against certain public functionaries.
IMPORTANT FEATURES OF THE ACT (with analysis in italics)
1. Constitution of the Lokpal
The Lokpal will consist of a chairperson and a maximum of eight members, of which 50 per cent shall be judicial members, 50 per cent members of Lokpal shall be from among SCs, STs, OBCs, minorities and women.
2. Appointment of the Lokpal
The chairperson and members of the Lokpal will be appointed by the President by warrant under his hand and seal on the basis of the recommendations made by the Selection Committee comprising – the Prime Minister as the Chairman of the Committee, Speaker of Lok Sabha, Leader of the Opposition in Lok Sabha, the Chief Justice of Supreme Court of any other judge of Supreme Court nominated by the Chief Justice and an eminent jurist nominated by the first four members and appointed by the President.
A search committee with a minimum of seven members will also be constituted by the Selection Committee to identify and recommend candidates for the office of Lokpal. 50 per cent of the members of the Search Committee shall be from amongst SCs, STs, OBCs, minorities and women. However, it is not mandatory for the Selection Committee to select members and chairperson from amongst the names forwarded by the Search Committee; the Selection Committee can also select persons with required qualifications, not recommended by the Search Committee.
3. Qualifications for the office of Lokpal:
– A sitting or retired Judge of India or a sitting or retired Chief Justice of India can be appointed as the Chairperson or judicial member of the Lokpal
– A person with impeccable integrity and outstanding ability having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management can be appointed as the Chairperson or non-judicial member of the Lokpal.
Apart from the above qualifications the following conditions must be satisfied in order to be appointed as the Chairperson or member of the Lokpal:
– Should not be a member of Parliament or a member of the Legislature of any State or union territory
– Should not be convicted of any offence involving moral turpitude
– Should not be less than forty-five years of age, on the date of assuming office
– Should not be a member of any Panchayat or Municipality
– Should not been removed or dismissed from the service of the union or a State
– Should not hold any office of trust or profit
– Should not be affiliated with any political party or carry on any business or practise any profession
To be continued..
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