Lokpal : Structure & It's Function

Lokpal

Lokpal is such a system, which strikes at the corruption prevalent in the government system and cuts its roots. Through this, complaints can be lodged against the public servant ranging from the Prime Minister to the peon, whether he is appointed in India or abroad outside India. Lokpal originated in Scandinavian countries. There it was given the name of Ombudsman i.e. Lokpal. It was first formed in 1809 in Sweden. After that in New Zealand and Norway in 1962, on the basis of the recommendation of the White Report in 1961 in Great Britain in 1967, and in 1966 in Guyana (the first developing country).

Lokpal in India was established under the Lokpal and Lokayukta Act 2013, which was passed in 2014 and established. According to this act, Lokpal at the Union level (Central level) and Lokayukta at the state level were constituted. The words Lokpal and Lokayukta – given by Dr. L.M. Singhvi. It is placed under the Department of Personnel & Training under the Ministry of Personnel, Public Grievances & Pensions.

A Lokpal Search Committee has been constituted for the selection of the chairperson and members of the Lokpal, which will elect the name of the chairman and members in the Lokpal and send it to the Lokpal Selection Committee, headed by the Prime Minister. are | Thereafter, on the recommendation of the Lokpal Selection Committee, its chairman and members are appointed by the Hon’ble President. The format of the search committee and selection committee is as follows –

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Lokpal Search Committee

There can be a maximum of 8 members in this committee including the chairman. 50% of all the members including the chairman should be judicial members, that is, they should be related to the judicial area and at the same time 50% of the members of the committee should be Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), Minorities ( Minority) and women. The members of the committee are Anti Corruption Policy, Policy Administration, Vigilance Policy Formulation, Finance, Insurance and Banking, Law and Management. Should have experience and expertise in the field. The search committee was also constituted by the Lokpal Chatan Committee.

According to the Ministry of Personnel at the time of formation of the committee in the year 2018, the following were the officials –

• President: Justice Ranjana Prakash Desai, former Supreme Court judge
• Members: The names of the members and their departments are as follows –
  • Arundhati Bhattacharya, former chairman of SBI
  • Prasar Bharati President A. Surya Prakash
  • Former ISRO chief AS Kiran Kumar
  • Sakha Ram Singh Yadav, former judge of Allahabad High Court
  • Former Gujarat Police Chief Shabbir Hussain
  • Lalit K. Pawar, former IAS of Rajasthan cadre
  • Former Solicitor General Ranjit Kumar

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Lokpal Selection Committee

There should be a total of 5 members including the chairman in the Lokpal selection committee. The chairman of this committee is the Prime Minister. Its structure is as follows –

• President : Prime Minister
• Members: The following are the officials –
  • Speaker of Lok Sabha
  • Leader of Opposition in Lok Sabha
  • Chief Justice of the country or any judge of the Supreme Court nominated by him
  • an eminent jurist or any other person nominated by the President

Rules and Format for Filing Complaint Before Lokpal

According to the Department of Personnel & Training, the following provisions are there in the Lokpal (Grievance) Rules 2020 Bill –

1. The person filing the complaint will have to give a valid I. Card of his identity.
   • If the complainant is a foreigner, then he only has to give a copy of his passport as a form of identification.
2. Complaints can be lodged through post, electronically or in person.
   • In case of complaint through electronic means, it will be mandatory to present a hard copy of the complaint to the Ombudsman within 15 days.
3. Originally, preference was given to the Anglo (English) language for making complaints, but according to the convenience of the complainant, he could use any of the 22 languages ​​mentioned in the Eighth Schedule of the Constitution.
4. The complainant will also have to submit an affidavit along with the complaint, as well as the evidence and statement related to the accused officer / employee / officer / minister.
5. On filing a false complaint, it will be considered a punishable offense and the complainant will also be punished / fined.
6. The name and identity of the accused public servant will be kept confidential till the investigation and investigation of the allegations leveled against him is completed.
7. If any complaint is made against the Prime Minister, then such complaint will be decided by the entire Lokpal Bench (including the Chairperson) at the entry stage itself. If such complaint is dismissed by the Lokpal Bench, then the Lokpal Bench need not give any explanation.
8. Under this bill, complaints cannot be filed against those public servants who are under the Army Act, Naval Act, Air Force Act and Coast Guard Act. come under |
9. The Lokpal himself shall not inquire into any complaint against the Speaker or any member.

Provisions of Lokpal and Lokayukta Act 2013

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Rules of Appointment & Tenure

• It will be expanded all over India. The purview of this Act includes public servants, ministers or employees of the Government of India working in India and outside India.
• There cannot be more than 8 members including the chairman.
  • It is headed by or has been the Chief Justice of India or any such person who fulfills the following conditions-
  • If that person has served with integrity and integrity in any service other than judicial service.
  • That person should have mastery in that field.
  • That person has special knowledge and ability in anti-corruption policy, public administration, vigilance, finance and insurance, law and management.
  • That person should have experience of at least 25 years in these fields.
• Prohibition Rules for Chairperson or Member: Such a person cannot become the Chairman or Member, who-
  • Be a member of the legislature of the Central or State Government respectively.
  • Be guilty of any offense involving moral wrongdoing.
  • He should be less than 45 years of age on the date of assuming office.
  • Be a member of any Panchayat or Municipal Corporation.
  • He has been removed / dismissed from any service under the Central or State Government.
  • He holds any office of profit or trust.
  • He is carrying on any business and has turned away from the operation and management of such business.
  • He is practicing any profession and has given up practice related to that profession.
• Appointment and Tenure
  • On the basis of the recommendation of the Lokpal Selection Committee, the chairman and members of this committee will assume their office during the pleasure of the Hon’ble President.
  • The President or the member shall obtain the warrant of appointment from the hands of the President.
  • Their term of service will be 5 years from the date of appointment or till the age of 70 years, whichever is earlier.

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Fill up the Vacancy

The President shall take necessary steps as per the Act to fill the vacancy caused by resignation / termination of tenure / any other reason by the Chairperson or Member, which shall be for a minimum period of 3 months i.e. 3 months before the retirement of the Chairperson or Member; name should be recommended.

Resignation / Removal from Office by Chairperson or Member

• The Chairperson or a member may resign his office by writing under his hand addressed to the President.
• Apart from this, the following conditions should be available for removal from the post –
  • Is guilty of misconduct or holds an office of profit in the opinion of the Supreme Court, does any other paid work or has any agreement with or is a member of any company / Government of India / State Government.
  • He can be removed from office by a petition signed by not less than 100 members of Parliament addressed to the President.
  • has gone bankrupt.
  • Engaged in any paid work outside his office, while working in his position.
  • is, in the opinion of the President, unfit to continue in office by reason of any infirmity (physical or mental).

Salary, Allowances and Expenses

• All expenses related to Lokpal will be spent from Consolidated Fund of India, these expenses include administrative expenses of Lokpal, salary and allowances of chairman, members and employees, pension and any fees or other expenses.
• The chairperson of the Lokpal will be given a salary equal to that of the Chief Justice of the Supreme Court.
• Its members will be given salary equal to that of a judge of the Supreme Court.
  • If a member is a pensioner, then an amount equal to the pension received will be deducted from his salary.

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Reappointment

While holding the office of the Chairperson or the Lokpal, he shall be ineligible for appointment to the following posts –

• The Chairperson or a member shall be ineligible for reappointment in the Lokpal after completing 5 years of service in the Lokpal.
• Its member can be appointed as the chairman, but his total service in the Lokpal as chairman and member should not exceed 5 years.
• He shall be ineligible for that office for any political work or for the Governor of a Union State, unless the President grants him a warrant signed under the rules by his own hands.
• Will be ineligible for appointment to any post of profit under the Government of India / State Government.
• Standing in any election will make him ineligible for election.
  • The election of the President, the election of the Vice-President, the election of a Member of Parliament, the election of a member of the State Legislative Assembly, the election of a Municipal Corporation or the election of a Panchayat shall make a candidate ineligible to stand for the post.

Appointment of Secretary, Other Officers and Employees

• There will be a Secretary in the Lokpal, which will be equivalent to the rank of Secretary to the Government of India, whose appointment will be on the nomination of the Selection Committee under the Central Government.
• The Lokpal will consist of a Director of Inquiry and a Director of Prosecution, not below the rank of Additional Secretary to the Government of India. Their appointment will also be done by the selection committee under the central government.
• The appointment of officers and other employees in Lokpal will be done by the Speaker after discussion with the members.

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