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Lokpal and Lokayukta UPSC

What is Lokpal and Lokayukta?

  • The Lokpal and Lokayukta Act, 2013 provided for the Lokpal for the Union (center) and the Lokayukta institution for the states.
  • These institutions are statutory bodies with no constitutional status.
  • They act as Ombudsman and investigate allegations of corruption against certain categories of government officials.

Why do we need such institutions?

  • Poor administration is like a termite which gradually hollows out the foundations of a nation and hinders the administration from completing its tasks. Corruption is the root of this problem.
  • Most anti-corruption institutions are not completely independent. Even the Supreme Court has called the CBI a ‘cage parrot’ and ‘its owner’s voice’.
  • Many of these agencies are only consultative bodies with nominal powers and their advice is rarely followed.
  • Apart from this, there is also the problem of internal transparency and accountability, because there is no separate effective mechanism to monitor these agencies.
  • In this context, an independent Lokpal institution can be called a milestone in the history of Indian politics, which has presented a solution to the never ending corruption threat.

The background

  • The Ombudsman institution, the Ombudsman, was officially started in the year 1809 in Sweden.
  • The Ombudsman flourished as an institution in the 20th century and grew rapidly after World War II.
  • In 1962 New Zealand and Norway adopted this system and it proved to be extremely important in spreading the idea of ​​the Ombudsman.
  • In 1967, on the recommendation of the Whyatt Report of 1 year 961, Great Britain adopted the Ombudsman institution and became the first major country in the democratic world to adopt it.
  • Guyana was the first developing country to adopt the idea of ​​the Ombudsman in 1966. After this India along with Mauritius, Singapore, Malaysia adopted it.
  • The idea of ​​constitutional Ombudsman in India was first introduced in Parliament in the early 1960s by Law Minister Ashok Kumar Sen.
  • Lokpal and Lokayukta words are eminent jurists Dr. L.M. Singhvi introduced.
  • In 1966, the First Administrative Reforms Commission recommended the establishment of two independent authorities at the central and state levels to look into complaints against government officials (including Members of Parliament).
  • The Lokpal Bill was passed in the Lok Sabha in 1968, but it expired with the dissolution of the Lok Sabha and since then it has expired many times in the Lok Sabha.
  • Till 2011, eight attempts were made to pass the bill, but all failed.
  • In the year 2002, M.N. The Commission, constituted to review the working of the Constitution under the chairmanship of Venkatachaliah, recommended the appointment of Lokpal and Lokayuktas to keep the Prime Minister out of its purview.
  • In the year 2005, the Second Administrative Reforms Commission under the chairmanship of Veerappa Moily recommended that the post of Lokpal should be established at the earliest.
  • In 2011, the government, under the chairmanship of Pranab Mukherjee, constituted a group of ministers to suggest suggestions to curb corruption and to examine the proposal of the Lokpal Bill.
  • The ‘India Movement Against Corruption’ under the leadership of Anna Hazare put pressure on the then UPA government at the Center and as a result the Lokpal and Lokayukta Bill, 2013 was passed in both the Houses of Parliament.
  • On 1 January 2014, the President gave his consent and it came into force on 16 January 2014.

The Lokpal and Lokayukta (Amendment) Bill, 2016

  • The Parliament passed the bill in July 2016 to amend the Lokpal and Lokayukta Act, 2013.
  • It determined that the leader of the largest single opposition party in the Lok Sabha would be a member of the selection committee in the absence of a recognized leader of the opposition.
  • It also amended section 44 of the Act of 2013, which provides that the public servant has to submit the details of his assets and obligations within 30 days of joining the government service.
  • The 30-day deadline has been ended by the amendment bill, now public servants will declare their assets and obligations in the manner and manner prescribed by the government.
  • It also increases the time given to trustees and board members to declare assets of their own and spouse, in cases where they receive more than one crore rupees of government or more than 10 lakh rupees of foreign money. Are

Structure of Lokpal

  • The Lokpal is a multi-member body composed of one chairperson and a maximum of 8 members.
  • The chairperson of the Lokpal institution should be either a former Chief Justice of India or a former judge of the Supreme Court or a person of undisputed integrity and probity who has anti-corruption policy, public administration, vigilance, finance, insurance and banking, law and management. At least 25 years of specialized knowledge and experience.
  • Half of the maximum eight members are judicial members and minimum 50 percent of the members. Caste / Schedule Should be from tribe / other backward class / minority and women category.
  • The judicial member of the Lokpal institution should be either a former judge of the Supreme Court or a former Chief Justice of any High Court.

Notes : 

Who is the first lokpal of india?

Ans : First Chairperson of the Lokpal is Shri Justice Pinaki Chandra Ghose, who is a former Judge of Supreme Court of India and was a sitting member of National Human Rights Commission.

1. Which was the first Indian state to establish the institution of Lokayukta?

A. Bihar

B. Uttar Pradesh

C. Andhra Pradesh

D. Maharashtra

Ans: D

2. Who appoints the Lokayukta and Upalokayukta?

A. Governor of the state

B. Chief Minister

C. Speaker of Lok Sabha

D. Judge of High Court

Ans: A

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