Why this matters now
Lokpal is tested for: the Anna Hazare Jan Lokpal movement (Apr-Aug 2011); the Lokpal & Lokayuktas Act 2013 (passed 18 Dec 2013, in force 16 Jan 2014); composition (Chairperson + 8 members); the 2019 first appointment (Justice Pinaki Ghose); the 2024 swearing in of Justice A.M. Khanwilkar; the jurisdiction over PM (with safeguards) + Group A-D officers + NGOs receiving > Rs 10 lakh foreign or > Rs 1 crore Govt funding; and Lokayuktas at State level.
History
The Lokpal concept came from the 1st Administrative Reforms Commission (ARC), 1966, under Morarji Desai — modelled on the Scandinavian Ombudsman + UK Parliamentary Commissioner. Eight Lokpal Bills (1968, 1971, 1977, 1985, 1989, 1996, 1998, 2001) failed in Parliament. The Jan Lokpal movement led by Anna Hazare (5-9 April 2011 hunger fast at Jantar Mantar; 16-28 August 2011 hunger fast at Ramlila Maidan, Delhi) galvanised popular support; supporting team: India Against Corruption (IAC) — Arvind Kejriwal, Kiran Bedi, Manish Sisodia, Prashant Bhushan, Kumar Vishwas, Santosh Hegde. The Lokpal & Lokayuktas Act 2013 was passed by Parliament on 18 December 2013 (LS) + 17 Dec (RS), received Presidential assent 1 January 2014, came into force 16 January 2014.
Composition + Selection
Chairperson + 8 Members:
- Chairperson: retired CJI or retired SC judge or person of eminence (with admin experience). Cannot be MP/MLA, member of any panchayat/local body, or affiliated to any political party.
- 4 Judicial Members: retired SC judge or retired CJ of HC.
- 4 Non-Judicial Members: persons of eminence with 25+ years of experience in anti-corruption, public administration, vigilance, finance, law, management. At least 50% members must be from SC/ST/OBC/Minorities/Women.
Selection Committee (4 members): PM (Chair), Speaker LS, LoP LS, CJI or SC judge nominated by CJI, eminent jurist nominated by the above (now removed for Khanwilkar in light of LoP issues).
Term: 5 years or 70 years of age (whichever earlier). Removal: by President on misbehaviour by SC inquiry on petition signed by ≥100 MPs.
Jurisdiction
- PM — with safeguards: matter relating to national security, public order, atomic energy & space not covered; full bench of Lokpal must approve; in-camera proceedings.
- Union Ministers + MPs (RS + LS).
- Group A-D officers of Central Govt.
- Chair/members of any body established by Parliament.
- Chair/CEO of any society or trust receiving foreign contribution above Rs 10 lakh per year or Govt funding above Rs 1 crore per year.
Lokpal cannot suo motu inquire — only on a complaint. The CBI investigates referrals from Lokpal under Prevention of Corruption Act 1988.
State Lokayuktas
Each State should establish a Lokayukta within 1 year of the Act’s commencement (i.e. by 16 January 2015). All States except Telangana + WB have notified Lokayuktas. Maharashtra was the first State (1971 by Maharashtra Lokayukta and Upalokayuktas Act — pre-dating the central Act). Karnataka Lokayukta is famous — Santosh Hegde’s 2011 mining-scam report on B.S. Yediyurappa.
UPSC angle
Know LOKPAL & LOKAYUKTAS — concept from 1st ARC 1966 Morarji Desai (Scandinavian Ombudsman+UK Parl Commissioner); 8 failed Lokpal Bills 1968-2001; ANNA HAZARE JAN LOKPAL MOVEMENT (5-9 April 2011 Jantar Mantar fast + 16-28 August 2011 Ramlila Maidan fast, India Against Corruption IAC team: Kejriwal+Kiran Bedi+Sisodia+Bhushan+Vishwas+Santosh Hegde); LOKPAL & LOKAYUKTAS ACT passed 18 Dec 2013 LS+17 Dec RS, assent 1 Jan 2014, in force 16 January 2014; HQ THE ASHOK HOTEL Delhi; COMPOSITION Chairperson + 8 MEMBERS (4 judicial + 4 non-judicial, at least 50% from SC/ST/OBC/Min/Women); CHAIRPERSON: retired CJI/SC judge/eminence; selection committee 4 members PM+Speaker LS+LoP LS+CJI; TERM 5 YEARS OR 70 AGE; REMOVAL President on misbehaviour by SC inquiry on petition by 100 MPs; JURISDICTION: PM (with safeguards, no national security/public order/atomic energy/space), Ministers+MPs, Group A-D officers, bodies established by Parliament, NGOs >Rs 10 lakh foreign OR >Rs 1 crore Govt funding; cannot suo motu (complaint only); 1st Chair JUSTICE PINAKI CHANDRA GHOSE March 2019-May 2022; JUSTICE A.M. KHANWILKAR sworn 13 March 2024; LOKAYUKTAS: each State within 1 year (by 16 Jan 2015), all except Telangana+WB notified; Maharashtra 1st State 1971 Maharashtra Lokayukta Act; Karnataka Lokayukta Santosh Hegde 2011 mining scam report Yediyurappa.
Frequently asked questions
What is the Lokpal & Lokayuktas Act 2013?
India’s anti-corruption ombudsman law, passed 18 December 2013 after Anna Hazare’s Jan Lokpal movement. Establishes Lokpal at Centre, Lokayuktas at States.
Can Lokpal inquire against the PM?
Yes — but with safeguards. The matter must NOT relate to national security, public order, atomic energy or space; full bench must approve; proceedings are in camera.
Who appoints Lokpal?
The President, on recommendation of a 4-member Selection Committee: PM (Chair), Speaker LS, LoP LS, CJI or SC judge nominated by CJI.
Who is the current Lokpal Chairperson?
Justice A.M. Khanwilkar — sworn in on 13 March 2024.