LOKPAL AND LOKAYUKT

The Lokpal and Lokayuktas Act, 2013, is an anti-corruption legislation in India that provides for the establishment of Lokpal at the central level and Lokayuktas at the state level.

1. Background:
   • The Lokpal and Lokayuktas Act, 2013, was passed by the Parliament of India to address public grievances related to corruption and maladministration.
   • The legislation aims to establish independent bodies at the central and state levels to inquire into allegations of corruption against public functionaries and to promote transparency and accountability in government.
2. Composition:
   • Lokpal (at the central level):
     • The Lokpal is headed by a Chairperson, who is appointed by the President of India.
     • The Lokpal consists of a maximum of eight members, half of whom should be judicial members (current or former judges of the Supreme Court or Chief Justices of High Courts) and the other half non-judicial members (persons of eminence with a background in public service).
   • Lokayuktas (at the state level):
     • The composition of Lokayuktas varies from state to state, as each state has its own legislation regarding the establishment and composition of Lokayuktas.
     • However, generally, a Lokayukta is headed by a Chairperson who is a retired judge of a High Court or a person of eminence with a background in public service.
     • Lokayuktas may have one or more members, who may be judicial or non-judicial.
3. Functions:
   • Lokpal (at the central level):
     • The Lokpal is empowered to inquire into allegations of corruption against public functionaries, including the Prime Minister, Members of Parliament, Union Ministers, and employees of the central government.
     • It can investigate cases of corruption based on complaints received from the public or suo motu (on its own motion).
     • The Lokpal has the power to summon witnesses, conduct inquiries, gather evidence, and recommend prosecution or disciplinary action against the accused.
   • Lokayuktas (at the state level):
     • Lokayuktas have similar functions as the Lokpal but at the state level.
     • They inquire into allegations of corruption against public functionaries within the respective states, including the Chief Minister, Ministers, Members of the State Legislature, and employees of the state government.
     • Lokayuktas investigate complaints of corruption and maladministration, recommend corrective measures, and promote transparency and accountability in state governance.
4. Working:
   • The Lokpal and Lokayuktas receive complaints and grievances related to corruption and maladministration from the public.
   • They conduct inquiries or investigations into these complaints, ensuring adherence to the principles of natural justice.
   • The Lokpal and Lokayuktas have the power to summon witnesses, examine documents, and gather evidence during their investigations.
   • They issue orders, recommendations, and directives based on their findings and may recommend prosecution or disciplinary action against the accused.
   • The Lokpal and Lokayuktas also play a proactive role in promoting transparency and accountability in governance by conducting awareness programs, workshops, and seminars.

Overall, the Lokpal and Lokayuktas are important institutions in India tasked with addressing corruption and promoting integrity in public administration at both the central and state levels. They serve as independent bodies to ensure accountability and transparency in government functioning.