Lokpal and Lokayuktas Act, 2013

Lokpal and Lokayuktas Act, 2013

Part of: GS Prelims and GS Mains II – Governance

In News

• Almost six years after the Lokpal and Lokayuktas Act, 2013, was signed into law, several key provisions needed for the anti-corruption ombudsman to function have still not been operationalised.
• The process of constituting the Lokpal’s inquiry and prosecution wings has not yet begun.
• Section 60 of the Act empowers the Lokpal to make regulations on the manner and procedure of conducting preliminary inquiry. Till now, no such regulations have been made. 
• While it approved a logo and motto for itself, the Lokpal has not yet notified a format for filing complaints. 
• The process of setting up of a special wing to prosecute public servants for corruption, as mandated by the Act, has also not moved further
• The rules for the disclosure of assets and liabilities by public servants have not been notified either
• The term Lokpal was coined in 1963 but it was not until January 2014 that the Lokpal and Lokayuktas Act came into force. It was more than five years later, in March 2019, that the first chairperson and members of the Lokpal were appointed.

About The Act

• The Lokpal Act, which envisages establishment of the anti-graft body Lokpal at the Centre and Lokayuktas in states to look into cases of corruption against certain categories of public servants, was passed in 2013.
• The Lokpal selection committee is headed by the Prime Minister and consists of the Lok Sabha Speaker, leader of the opposition in the lower house, the Chief Justice of India or a judge of the apex court nominated by him, and an eminent jurist who could be nominated by the President or any other member.

Composition of Lokpal

• There is a provision for a chairperson and a maximum of eight members in the Lokpal. Of these, four need to be judicial members.
• Not less than 50 per cent of the members of the Lokpal shall be from amongst the persons belonging to the SCs, the STs, OBCs, minorities and women.

Terms of Office

• Upon selection, the chairperson and members shall hold office for a term of fiveyears or till they attain 70 years of age.
• The salary and allowances of the chairman of the Lokpal will be same as that of the Chief Justice of India, and that of members will be same as that of a judge of Supreme Court.
• The chief and members of the Lokpal are not eligible for reappointments.

• They will also not be eligible for any diplomatic assignment, appointment as administrator of a Union territory and for further employment to any other office of profit under the government of India.