Introduction

• The deficiencies of Parliamentary system of administration and judicial review on the traditional pattern have led the world to think of alternative system or additional institution to control wrong decisions or mal administration or corruption of public officials.
• There is an indistinguishable connection between a democracy and ombudsman. The focal thought of a democracy implies individuals' privileges and opportunity will be justified and safeguarded and their genuine complaints will be eliminated.

What is the Origin and Development?

• Sweden is the native land of the institution of Ombudsman and the New Zealand was the first commonwealth country which established this institution in 1962.
• The office of Ombudsman in Sweden was created in 1809 by the Constitution itself.
• Officers of the institution are nominees of Parliament and only such persons are nominated who are selected by the experienced judges.
• He can investigate a case on the complaint made by a person or Suo motu. He is not only to supervise the observance of laws as a representative of Parliament and to report to Parliament but also to institute proceedings against those officials who have acted contrary to law or with partiality or negligence.

What is Concept of Lokpal and Lokayukta in India?

• In 1959 the word “Lokpal” for the type of Ombudsman has been coined by the then Finance Minister C D Deshmukh.
• In 1966, an Administrative Reforms Commission was appointed to consider the issue.
• Based on the recommendations of the Administrative Reforms Commission the Lokpal Bill was introduced in Parliament. But before it could be passed by the Rajya Sabha, the Lok Sabha was dissolved, and the Bill lapsed.
• Many attempts have been made in subsequent years but could not be passed, it clearly shows the lack of political will to pass the bill.
• In 2004, the United Nations adopted a Convention against Corruption which supports international co-operation, technological assistance and assets recovery and promotes integrity, accountability and clear administration. But India ratified this convention in 2010.
• The demand for setting up the institution of Lokpal got new momentum in 2011 when social activist Anna Hazare went on fast unto death to push for the “Jan Lokpal Bill”.
• This proposes a merger of anti-corruption agencies like the Central Vigilance Commission, Vigilance Departments and the anti-corruption branch of the Central Bureau of Investigation with Lokpal.

What is Lokpal and Lokayuktas Act, 2013?

• In 2011 the Bill was again introduced in the Lok Sabha, and it was passed in the same year by the Lok Sabha, but the bill was passed by the Rajya Sabha in the year 2013 with several amendments.
• After 45 years of long struggle the Lokpal and Lokayuktas Act, 2013 was passed after receiving the assent of the President.
• The Lokpal and Lokayuktas Act, 2013 came into force on 16^th January 2014.

Who are Lokayuktas in the States?

• In furtherance of the suggestions of the first "Regulatory Reforms Commission" (1966), the foundation of ombudsman named as "Lokayukta" for states.
• These statutes make provisions for the appointment of "Lokayukta" for the investigation of allegations of corruption and maladministration.
• Section 63 of the Lokpal and Lokayukta Act provides for the establishment of the Lokayukta institution in the States.

What is Procedure for Establishment of Lokpal?

• The Act provides for the establishment of "Lokpal" consisting of a Chairperson and several such Members, not exceeding 8 out of whom fifty percent shall be judicial members.
• It also provides that not less than fifty percent of the members of the Lokpal shall be from amongst the persons belonging to the Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and Women.
• Section 4 gives the details of the "Selection Committee" for the purposes of selecting the Chairperson and other members of the Lokpal. This high-powered "Selection Committee" consists of:
  • the Prime Minister;
  • the Speaker of the House of the People;
  • the Leader of Opposition in the House of the People;
  • the Chief Justice of India or a Judge of the Supreme Court nominated by him; and
  • one eminent jurist to be nominated by the President
• The Selection Committee shall regulate its own procedure in a transparent manner for selecting the Chairperson and Members of the Lokpal.

What is Law Related to Appointment, Term of Office, and Service Conditions?

• Appointment:
  • According to Section 6, the Chairperson and every member shall, on the recommendations of the Selection Committee, be appointed by the President by warrant under his hand and seal.
• Tenure:
  • He will hold office as such for a 5-year term from the date he enters his office or until he attains the age of 70, whichever is earlier.
  • He may resign his office by writing under his hand addressed to the President or may be removed from his office in the manner provided in Section 37.
• Salary:
  • According to Section 7, the salary, allowances and other conditions service of the Chairperson shall be the same as those of the Chief Justice of India and of other members shall be the same as those of a judge the Supreme Court.
  • Section 13 stipulates that expenses of Lokpal to be charged on Consolidated Fund of India.
• Removal and Suspension:
  • Section 37 deals with removal and suspension of Chairperson and other members of the Lokpal.

What is the Inquiry Wing and Prosecution Wing of the Lokpal?

• Section 11 stipulates that the Lokpal shall constitute an Inquiry headed by the Director of Inquiry for conducting the preliminary inquiry into any offence alleged to have been committed by the public punishable under the Prevention of Corruption Act, 1988.
• Section 12 provides that the Lokpal shall constitute a Prosecution Wing. The Lokpal may also inquire into any act or conduct of any person who is involved in the act of abetting, bribe giving conspiracy relating to any allegation of corruption under the Prevention of Corruption Act, 1988.