This article is written by Yachika Sharma, 4th year BA LLB student of Institute of Law and Research during her internship with LeDroit India.
OVERVIEW OF THE LOKPAL AND LOKYUKTA ACT 2013
This Act, which was passed in 2013, is supposed to allow Lok Pal and Lokayukta to be set up for the Union and Lokayukta to deal with claims of corruption against public officials and related matters.According to the act, “public servants” working in India and abroad are covered by it. The act applies to the entire country, including Jammu and Kashmir. There must be a Lok Pal for the Union and a Lokayukta for each state under the Lok Pal Act. The Lok Pal and Lokayuktas Bill, 2011, was introduced in the Lok Sabha on December 22 and passed by the House on December 27. After that, it was put forward in the Rajya Sabha on December 29th, 2018.The Lokpal & Lokayuktas Act of 2013, also known as the Lokpal Act, is an anti-corruption law passed by the Indian Parliament in 2013. It aims to establish a Lokpal institution to investigate allegations of corruption against some key government officials, such as prime ministers, cabinet ministers, parliamentarians, and other relevant matters.
What are LokPal and Lokayukta?
These offices were set up to keep public officials from being dishonest. The word “Lokpal” means an office/organization/institution that checks and/or curbs corruption. For residents in India who are fed up with corrupt public officials, LokPal is a place to air their grievances and submit complaints against those authorities. If the concerned public officer is employed by the Central Government, LokPal will investigate the complaint. However, if the person in question is employed by the state government, the Lokayukta is the best place to file a complaint. It is a legal requirement that the Lokpal and Lokayukta Acts of 2013 establish these institutions. As an “ombudsman,” these institutions are responsible for investigating complaints filed by individuals against a company or organization, especially a government body. They look into charges of official corruption, as well as other concerns.
What are the salient features of this Act?
Some of the important features of the Lokpal and Lokayuktas Act, 2013 [hereinafter, “the Act of 2013”] are as follows:
- Lokpal has jurisdiction to try corruption cases against all Union Ministers (including the current and previous Prime Minister), Members of Parliament, central government employees, and employees of public sector organizations. The Lokayuktas, like the Lokpal, operate at the state level and have similar powers.
- It not only receives complaints from people, but it also investigates, conducts trials, and resolves these conclusions.
- In addition to the Prime Minister, the Speaker of the Lok Sabha, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India (or a sitting Supreme Court Judge) and an eminent jurist recommended by the Chief Justice, the President of India appoints a fifth member based on recommendations from the first four members of the selection committee.
- A search committee will assist the selection committee in the process of selection. 50% of the members of the Search Committee must be from the SCs, STs, OBCs, minorities, or women.
- In the case of the Lokayukta, the Act stipulates that it must be established in each state within one year of the Act’s beginning date. The scope of the Lokayuktas’ powers, on the other hand, is not precisely stated in the Act. As a result, a number of separate Lokayuktas have been established, each with a different level of authority.
- While the actions against the official are pending, the property of a government official that he or she acquired through corrupt methods might be confiscated and attached.
- All public officials are required by the Act to disclose their personal assets and liabilities, as well as those of their spouses and children. Even government officials who act as whistleblowers are protected by the law. As a result, the Whistleblowers Protection Act, 2014, was signed into law as well.
- Lokpal has the power of superintendence and direction over any investigation agency, including the Central Bureau of Investigation (CBI), for cases referred to them.
- It enhances maximum punishment under the Prevention of Corruption Act from seven years to ten years.
Lok Pal’s Powers
1) It has the authority to superintend and direct the CBI.
2) The investigating officer in a case that has been referred to the CBI cannot be transferred without Lok Pal’s agreement.
3) The authority to allow the CBI to conduct search and seizure operations in connection with this case.
4) The Lok Pal’s Inquiry Wing has been given the powers of a civil court.
5) In exceptional circumstances, Lok Pal has the authority to seize assets, proceeds, receipts, and benefits obtained through corruption.
6) The Lok Pal has the authority to propose the transfer or suspension of a public official who is involved in an investigation into allegations of corruption.
7) During the preliminary investigation, the Lok Pal has the authority to issue orders to prevent the destruction of records.
Drawbacks of the Lokpal and Lokayukta Acts 2013
- The Lokpal can’t take action against any government employee suo motu.
- Lack of transparency in the handling of PM concerns
- A seven-year statute of limitations for filing complaints.
- Anonymous complaints are not permitted; this is a rule. Not even on plain paper and with supporting documentation can you file a complaint.
- For the public servant against whom a complaint has been made, assistance with legal matters.
- Punishment for false and frivolous complaints against public servants may make people less likely to report them to the Lokpal. This could make people less likely to report them.
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