Corruption hurts a country. It wastes public money and weakens trust in the government. To fight it, many countries have an independent body. People can complain to it about public servants. In India, this body is called the Lokpal at the centre. In the states, it is the Lokayukta. Exams ask about their history, members, selection and powers. This post explains them in simple words. It ends with 15 previous year questions.
Key Points (Quick Revision)
- The idea comes from the Ombudsman of Sweden (1809).
- The words Lokpal and Lokayukta were coined by Dr L.M. Singhvi in 1963.
- The law is the Lokpal and Lokayuktas Act, 2013. It came into force on 16 January 2014.
- The Lokpal is a statutory body, not a constitutional body.
- Maharashtra was the first state to set up a Lokayukta, in 1971.
1. The idea of an Ombudsman
An Ombudsman is an officer who looks into complaints against the government. The officer is independent. The officer does not work under the ministers.
The first Ombudsman was set up in Sweden in 1809. Later, many other countries copied the idea. Finland, Denmark, Norway, the UK and New Zealand are some examples.
In India, the idea was discussed in the 1960s. In 1963, Dr L.M. Singhvi used the words Lokpal and Lokayukta for the first time. "Lok" means people. "Pal" means protector. So Lokpal means protector of the people.
2. The long road to the Lokpal law
The First Administrative Reforms Commission was set up in 1966. It was headed by Morarji Desai. It suggested a two-level system. There would be a Lokpal at the centre. There would be a Lokayukta in each state.
The first Lokpal Bill was brought in Parliament in 1968. It lapsed. Many more Lokpal Bills came in later years. None of them became law for more than four decades.
In 2011, a large public movement began. It was called India Against Corruption. It was led by the social activist Anna Hazare. It demanded a strong Lokpal law.
Finally, Parliament passed the Lokpal and Lokayuktas Act, 2013. It got the President's assent on 1 January 2014. It came into force on 16 January 2014.
The first Lokpal chairperson was appointed in March 2019. He was Justice Pinaki Chandra Ghose, a former Supreme Court judge.
3. Who makes up the Lokpal?
The Lokpal has one chairperson. It can have up to eight members.
- Half of the members must be judicial members.
- At least half of the members must be from SC, ST, OBC, minorities and women.
Who can be the chairperson? The person can be a former Chief Justice of India. Or a former judge of the Supreme Court. Or an eminent person with at least 25 years of expertise. The areas include anti-corruption policy, public administration, vigilance, finance, law and management.
The chairperson gets the same salary as the Chief Justice of India. Members get the same salary as Supreme Court judges.
The term is five years or up to the age of 70 years. Whichever comes first ends the term.
4. How the Lokpal is selected
The chairperson and members are appointed by the President. The President acts on the advice of a Selection Committee.
| Selection Committee member | Role |
|---|---|
| Prime Minister | Chairperson of the committee |
| Speaker of the Lok Sabha | Member |
| Leader of the Opposition in the Lok Sabha | Member (or leader of the single largest opposition party) |
| Chief Justice of India | Member (or a Supreme Court judge nominated by the CJI) |
| An eminent jurist | Member, nominated by the President |
A search committee helps in finding suitable names. The selection committee then recommends the final names.
How can a Lokpal member be removed? The President can remove them for misbehaviour. First, the Supreme Court must inquire into the charge. A request for such removal needs the signatures of at least 100 Members of Parliament.
5. Whom can the Lokpal inquire into?
The Lokpal looks into complaints of corruption under the Prevention of Corruption Act, 1988. Its reach is wide.
- The Prime Minister, with some limits.
- Union ministers and Members of Parliament.
- Central government officers of Group A, B, C and D.
- Officials of bodies set up or funded by the central government.
- Societies and trusts that get foreign donations of more than Rs 10 lakh a year.
The Prime Minister has special protection. Complaints about international relations, external and internal security, public order, atomic energy and space are not covered. Any inquiry against the PM needs approval from the full bench. At least two-thirds of the members must agree. The hearing is held in camera, that is, in private.
What MPs say or how they vote inside Parliament is also outside the Lokpal's reach. This is protected by the Constitution.
6. Powers of the Lokpal and the Lokayuktas
The Lokpal has an inquiry wing. It does the preliminary inquiry. It also has a prosecution wing. It fights cases in court.
The Lokpal can supervise and direct investigating agencies, including the CBI, for cases it sends them. It can also send complaints about some officers to the Central Vigilance Commission (CVC).
The Lokpal can order the seizure of property gained through corruption in some cases. It has the powers of a civil court for some purposes, such as calling witnesses.
The Act also asked every state to set up a Lokayukta. The states had to do this within one year of the law coming into force. Each state makes its own Lokayukta law. So the structure and powers differ from state to state.
Some states had Lokayuktas long before 2013. Maharashtra set up the first Lokayukta in 1971. Odisha had passed a Lokayukta law earlier, in 1970. But it came into force only in 1983.
| Point | Lokpal | Lokayukta |
|---|---|---|
| Level | Centre | State |
| Covers | Central ministers, MPs and central officers | State ministers, MLAs and state officers |
| Law | Lokpal and Lokayuktas Act, 2013 | A separate law of each state |
7. Previous year questions
- The concept of Ombudsman first started in which country? – Sweden (1809)
- Who coined the terms Lokpal and Lokayukta? – Dr L.M. Singhvi
- Which body first recommended the Lokpal and Lokayukta system? – First Administrative Reforms Commission (1966)
- Who headed the First Administrative Reforms Commission? – Morarji Desai
- When was the first Lokpal Bill introduced in Parliament? – 1968
- When did the Lokpal and Lokayuktas Act, 2013 come into force? – 16 January 2014
- Who was the first chairperson of the Lokpal of India? – Justice Pinaki Chandra Ghose
- What is the maximum number of members of the Lokpal, other than the chairperson? – Eight
- Who heads the selection committee for the Lokpal? – The Prime Minister
- Who appoints the chairperson and members of the Lokpal? – The President
- What is the term of the Lokpal chairperson? – 5 years or up to 70 years of age
- Which state was the first to set up a Lokayukta? – Maharashtra (1971)
- Is the Lokpal a constitutional body or a statutory body? – Statutory body
- What share of Lokpal members must be judicial members? – Half (50%)
- The salary of the Lokpal chairperson is equal to whose salary? – Chief Justice of India
8. How to revise this topic
Start with the timeline: Sweden 1809, Singhvi 1963, ARC 1966, first Bill 1968, Anna Hazare 2011, Act 2013, in force 2014, first Lokpal 2019.
Next, learn the composition: one chairperson, up to eight members, half judicial, and at least half from SC, ST, OBC, minorities and women.
Then learn the selection committee table. It is asked often.
Finally, remember the PM limits and the Maharashtra 1971 fact for Lokayuktas.
9. Frequently Asked Questions
What is the Lokpal?
The Lokpal is an independent anti-corruption body at the central level in India. It inquires into complaints of corruption against public servants, including ministers, MPs and central government officers. It was set up under the Lokpal and Lokayuktas Act, 2013.
Is the Lokpal a constitutional body?
No. The Lokpal is a statutory body. It was created by an Act of Parliament, the Lokpal and Lokayuktas Act, 2013, and not by the Constitution.
Can the Lokpal inquire into the Prime Minister?
Yes, but with limits. Matters of international relations, external and internal security, public order, atomic energy and space are excluded. An inquiry needs approval from at least two-thirds of the full bench and is held in camera.
Who selects the members of the Lokpal?
A selection committee headed by the Prime Minister recommends the names. It includes the Lok Sabha Speaker, the Leader of the Opposition in the Lok Sabha, the Chief Justice of India or a nominated judge, and an eminent jurist. The President then makes the appointment.
What is the difference between the Lokpal and a Lokayukta?
The Lokpal works at the central level and covers central ministers, MPs and central officers. A Lokayukta works at the state level and covers state ministers, MLAs and state officers. Each state has its own Lokayukta law.
For more Polity topics in simple language, see our Right to Information Act, CAG of India and Constitutional Bodies posts, or browse the Polity section. Preparing for a specific exam? Start with the UPSC CSE guide or join the 100 Hour GS Course.