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Lokpal

From Wikipedia, the free encyclopedia
Ombudsman agency of India

Lokpal
लोकपाल
'मा गृधः कस्यस्विद्धनम्'
Agency overview
Formed19 March 2019; 6 years ago (2019-03-19)
TypeOmbudsman agency
JurisdictionGovernment of India
StatusActive
HeadquartersNew Delhi,India
Motto'मा गृधः कस्यस्विद्धनम्' means: "Do not be greedy for anyone's wealth"
Agency executive
Child Agency
Websitehttps://lokpal.gov.in

ALokpal (Sanskrit:लोकपालlokapāla, "defender of people" or "People's Friend") is an anti-corruption authority or body ofombudsman who represents the public interest in theRepublic of India. The current Chairperson of Lokpal isAjay Manikrao Khanwilkar. The Lokpal has jurisdiction overcentral government, anyone who is or has been Prime Minister, or a Minister in the Union government, or a Member of Parliament, as well as officials of the Union government under Groups A, B, C and D. Also covered are chairpersons, members, officers and directors of any board, corporation, society, trust or autonomous body either established by an Act of Parliament or wholly or partly funded by the Centre. It also covers any society or trust or body that receives foreign contributions above ₹10 lakh. to inquire into allegations ofcorruption against itspublic functionaries and for matters connected tocorruption.The Lokpal and Lokayuktas Act was passed in 2013 with amendments in parliament, following theJan Lokpal movement led byAnna Hazare in 2010. The Lokpal is responsible for enquiring intocorruption charges at the national level while theLokayukta performs the same function at thestate level. The age of Lokpal (chairperson or member) on the date of assuming office as the chairperson or a member should not be less than 45 years.

History

[edit]

The term "Lokpal" was coined byDr. L.M.Singhvi in 1963. The concept of a constitutional ombudsman was first proposed in parliament by Law MinisterAshoke Kumar Sen in the early 1960s. The firstJan Lokpal Bill was proposed by AdvShanti Bhushan in 1968[2] and passed in the 4thLok Sabha in 1969, but did not pass through theRajya Sabha.[3] Subsequently, 'lokpal bills' were introduced in 1971, 1977, 1985, again by Ashoke Kumar Sen, while serving as Law Minister in theRajiv Gandhi cabinet, and again in 1989, 1996, 1998, 2001, 2005 and in 2008, yet they were never passed.[4][5] Forty five years after its first introduction and after ten failed attempts, the Lokpal Bill was finally enacted in India on 18 December 2013[6] after the tenth attempt.President gave his assent to Lokpal and Lokayuktas Act on 1 January 2014.[4]

The Lokpal Bill provides for the filing, with the ombudsman, of complaints of corruption against theprime minister, otherministers,MPs, and group A, B, C and D officers of the central government.[7] The firstAdministrative Reforms Commission (ARC) recommended the enacting of the Office of a Lokpal, convinced that such an institution was justified, not only for removing the sense of injustice from the minds of citizens, but also to instill public confidence in the efficiency of the administrative machinery.

Following this, the Lokpal Bill was, for the first time, presented during the fourthLok Sabha in 1968, and was passed there in 1969. However, while it was pending in theRajya Sabha, the Lok Sabha was dissolved, and thus the bill lapsed.

The bill was revived several times in subsequent years, including in 2011.[8] Each time, after the bill was introduced to the House, it was referred to a committee for improvements, to a joint committee of parliament, or to a departmental standing committee of the Home Ministry. Before the government could take a final stand on the issue, the house was dissolved again. Several conspicuous flaws were found in the 2008 draft of the Lokpal Bill. The basic idea of a lokpal is borrowed from the Office of the Ombudsman, which has the Administrative Reforms Committee of a Lokpal at the centre,[clarification needed] and Lokayukta in the states.

Anna Hazare started agitation in Delhi to get this bill passed[9][where?], and it did pass on 27 December 2011, around 9:30,[when?] with some modifications. These were proposed as theJan Lokpal Bill. However, Hazare and his team, as well as other political parties, claimed that the Lokpal Bill passed was weak, and would not serve its intended purpose. So the proposed bill by the ruling Congress Party has yet to be accepted in the Rajya Sabha. As of 29 December 2011, the bill has been deferred to the next parliamentary session, amid much controversy and disruption by theLJP,RJD andSP parties. The media at large, and the opposition parties, claimed the situation had been staged.[10]

The apex Institution primarily created to inquire and investigate complaints relating to allegation of corruption involving public functionaries and elected representatives, finally was formed in March 2019 with the appointment of its Chairperson and members.[11]

Qualification

[edit]

As of March 2019, and ever since the related Act of Parliament was passed in India. RetiredSupreme Court judgePinaki Chandra Ghose is appointed as the first Lokpal of India by a committee consisting of Prime MinisterNarendra Modi andChief Justice of IndiaRanjan Gogoi andSpeaker of the Lok SabhaSumitra Mahajan on 23 March 2019 whereas the members are appointed w.e.f 27 March 2019.

According toThe Lokpal and Lokayuktas Act, 2013, the organisation consists of one Chairperson and a maximum of eight other members.

  • Out of those eight members four members are judicial members who are or have been a Judge of the Supreme Court or a Chief Justice of aHigh Court
  • Remaining four members being non-judicial members are people of 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.
  • Minimum fifty per cent of the Members will be fromScheduled Castes /Scheduled Tribe /Other Backward Classes / Minorities and women.

Jan Lokpal Bill movement

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Anna Hazare's hunger strike atJantar Mantar inNew Delhi, on the second day of his fast
Main article:Jan Lokpal Bill

Jan Lokpal Bill (Citizen's Ombudsman Bill) is a draft anti-corruption bill drawn up by prominentcivil society activists, seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within one year and conduct trials for the case within the next year.

Drafted by JusticeSantosh Hegde (a former Supreme Court Judge and former Lokayukta of Karnataka),Prashant Bhushan (a Supreme Court Lawyer) andArvind Kejriwal (a RTI activist), the draft Bill envisaged a system in which a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth confiscated. It also sought power for the Jan Lokpal to prosecute politicians and bureaucrats without requiring government permission.

The Lokpal and Lokayuktas Act, 2013

[edit]

The historicLokpal and Lokayuktas Act, 2013 was passed by Indian Parliament paving the way for establishment of a Lokpal (Ombudsman) to fightcorruption in public offices and ensure accountability on the part of public officials, including thePrime Minister, but with some safeguards.

Lokpal will consist of a chairperson and a maximum of eight members,[12] of which 50% will be judicial members 50% members of Lokpal shall be from SC/ST/OBCs, minorities and women.[13] Selection of chairperson and members of Lokpal through a selection committee consisting of PM, Speaker of Lok Sabha, leader of opposition in Lok Sabha, Chief Justice of India or a sitting Supreme Court judge nominated by CJI.[14] Eminent jurist to be nominated byPresident of India on basis of recommendations of the first four members of the selection committee "through consensus". Lokpal's jurisdiction will cover all categories of public servants. All entities (NGOs) receiving donations from foreign source in the context of the Foreign Contribution Regulation Act (FCRA) in excess of Rs 10 lakh per year are under the jurisdiction of Lokpal. Centre will send Lokpal bill to states as a model bill. States have to set up Lokayuktas through a state law within 365 days.

  • Lokpal will have power of superintendence and direction over any central investigation agency includingCBI for cases referred to them by the ombudsman.
  • A high-powered committee chaired by the PM will recommend selection of CBI director. The collegium will comprise PM, leader of opposition in Lok Sabha and Chief Justice of India PM has been brought under purview of the Lokpal, so also central ministers and senior officials.
  • Directorate of prosecution will be under overall control of CBI director. At present, it comes under the law ministry.
  • Appointment of director of prosecution to be based on recommendation of theCentral Vigilance Commission.
  • Director of prosecution will also have a fixed tenure of two years like CBI chief.
  • Transfer of CBI officers investigating cases referred by Lokpal with the approval of watchdog.
  • Bill incorporates provisions for attachment and confiscation of property acquired by corrupt means, even while prosecution is pending.
  • Bill lays down clear timelines for preliminary enquiry and investigation and trial. Provides for special courts Public servants will not present their view before preliminary enquiry if the case requires 'element of surprise' like raids and searches.
  • Bill grants powers to Lokpal to sanction prosecution against public servants.
  • CBI may appoint a panel of advocates with approval of Lokpal,CBI will not have to depend on govt advocates.

On 15 May 2018,Mukul Rohtagi (Former Attorney General of India) has been appointed as an eminent jurist in the selection panel of Lokpal.

List of chairpersons of the Lokpal committee

[edit]
S. No.NamePortraitTerm startTerm endTenureAppointed by
(President)
Ref.
1Pinaki Chandra Ghose23 March 201927 May 20223 years, 65 daysRam Nath Kovind[15]
2Pradip Kumar Mohanty
(additional charge)
28 May 20229 March 20242 years, 307 days[16]
3Ajay Manikrao Khanwilkar10 March 2024IncumbentDroupadi Murmu[17]

See also

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References

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  1. ^https://www.hindustantimes.com/india-news/exsc-judge-justice-a-m-khanwilkar-is-now-lokpal-chairperson-101709043679491.html
  2. ^"The Lokpal Bill".Indian Journal of Public Administration.24 (4):1245–1258. 1 October 1978.doi:10.1177/0019556119780436.S2CID 220395138. Retrieved21 July 2021.
  3. ^"Hopeful Jan Lokpal bill will be passed: Anna Hazare - Latest News & Updates at Daily News & Analysis". 24 July 2013.
  4. ^ab"A look at Anna Hazare's protests throughout the years". The Indian Express. 30 January 2019. Retrieved21 July 2021.
  5. ^"Lokpal bill to cover PM".CNN-IBN. 21 November 2010. Archived fromthe original on 4 February 2011.
  6. ^"Latest Lokpal News, Photos, Latest News Headlines about Lokpal".The Hindu. Retrieved19 July 2021.
  7. ^"Simply put: The search for a Lokpal". The Indian Express. 21 January 2019. Retrieved23 July 2021.
  8. ^"Lok Sabha passes landmark Lokpal Bill". businessline. Retrieved21 July 2021.
  9. ^"As Anna Hazare continues stir in Delhi, his village people stage a 'Sholay' style protest".The Hindu. 26 March 2018. Retrieved19 July 2021.
  10. ^"News18.com: CNN-News18 Breaking News India, Latest News, Current News Headlines".News18. Archived fromthe original on 8 July 2012.
  11. ^"Lokpal yet to get director of inquiry".The Hindu. 18 July 2021. Retrieved24 July 2021.
  12. ^"LOKPAL".lokpal.gov.in. Retrieved19 July 2021.
  13. ^"Explained: How Lokpal will form, function". The Indian Express. 19 March 2019. Retrieved27 August 2021.
  14. ^Seetharaman, G. (10 November 2018)."Delay in appointment of Lokpal & Lokayukta: Who will bell the graft?". The Economic Times. Retrieved25 August 2021.
  15. ^"P. C. Ghose takes oath as India's first Lokpal".NDTV. 23 March 2019.
  16. ^"Justice Mohanty gets additional charge of Lokpal chairperson".Hindustan Times. 28 May 2022. Retrieved9 June 2022.
  17. ^"Ex-SC judge Justice A M Khanwilkar appointed Lokpal chairperson".Hindustan Times. 27 February 2024. Retrieved9 March 2024.

Further reading

[edit]
List of sitting members ofLokpal committee
Chairman
Judicial members
Non-judicial members
Officers
  • Secretary
  • Director of Inquiry
  • Director of Prosecution
Legislation
State Lokayuktas
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