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Lokpal and Lokayukta

What are Lokpal and Lokayukta?

  • The Lokpal and Lokayukta Act of 2013 authorised the creation of a Lokpal at the federal level and a Lokayukta at the state level. The Lokpal and the Lokayuktas are statutory bodies with no constitutional significance.
  • These organisations fulfil the role of “Ombudsman” (the official appointed to investigate public complaints about a company or organisation, especially a government official).
  • They investigate allegations of corruption against certain public institutions/ organisations and other related matters.

Lokpal and Lokayuktas  and Other related  Law (Amendment ) Bills, 2014:

  • This bill proposes to amend the Lokpal and Lokayuktas Act, 2013 and the Delhi Special Police Establishment Act, 1946.
  • Lokpal Act provides for a selection Committee to nominate Lokpal. The Committee includes the Leader of the Opposition (LoP) in Lok Sabha. The Bill amends this provision to mean that the Leader of the single largest Opposition party in the House will be a member of the Selection Committee if there is no known LoP in Lok Sabha.
  • The Lokpal Act states that one eminent legal expert, who other members of the Selection Committee will recommend, will also be a member of that Committee. The bill adds that such distinguished legal experts will be nominated for three years.
  • The law states that no nomination for the Chairperson or member of Lokpal shall be invalidated on the grounds of a vacancy on the Selection Committee. The bill adds that what the Committee has done would not be effective again due to the absence of a member.
  • Lokpal law requires the Selection Committee to establish a Search Committee to make recommendations for Lokpal nominations. The bill stipulates that no further proceedings relating to the Search Committee may be invalidated on the grounds of (i) the vacancy or absence of a member of the Selection Committee or (ii) the absence of a person from the Search Committee.
  • Under the Lokpal Act, the Secretary of the Lokpal is of the rank of Secretary. The Bill amends this provision to now designate Lokpal Secretary to be at the level of Additional Secretary.
  • Lokpal law requires that the Director of Investigation and the Director of Public Prosecutions be at least at an Additional Secretary’s level. According to this bill, it is expected that officers of rank not below the Joint Secretary level are appointed for these posts.

Lokpal and  Lokayukta (Amendment) Act, 2016

  • The act modifies the Lokpal and Lokayuktas Act, 2013, which governs public workers asset and liability declarations. The act’s provisions will take effect later, beginning on the effective date of the 2013 Act.
  • Lokpal law requires a public servant to declare assets and liabilities of himself or herself and also their spouses.
  • These announcements must be made to competent authorities within 30 days of taking office. A public servant must also file an annual return on these assets and liabilities by no later than 31 July of each year.
  • The Lokpal law also authorises the statements of those announcements to be published on the relevant Department’s website before August 31 of that year.
  • The act has repealed these laws, requiring government employees to report their holdings and obligations. The central government, on the other hand, shall define the method and procedure for making that announcement.