Polity
Lokpal & Lokayukta
Introduction:
·
The institution of Ombudsman was first created in Sweden
·
“Ombud” is a Swedish term and refers to a person who acts as the
representative or spokesman of another person
·
“Ombudsman refers to an officer appointed by the legislature to
handle complaints against administrative and judicial action” – Donald C. Rowat
·
From Swede, the institution of Ombudsman spread to other
Scandinavian countries – Finland
(1919), Denmark (1955) and Norway
·
New Zealand
·
United Kingdom
·
The Ombudsman in India
·
Russia, China, Poland, Hungary, Czechoslovakia
and Romania
Lokpal:
·
The Administrative Reforms Commission (ARC) (1966-1970)
recommended the setting up of Lokpal and Lokayukta
·
These were to be set upon the pattern of the institution of
Ombudsman in Scandinavian countries and the Parliamentary Commissioner for
investigation in New Zealand
·
Lokpal – would deal with complaints against Ministers and
Secretaries at Central and State levels
·
Lokayukta (One at the Centre and one at every State) – would deal
with complaints against other specified higher officials
·
The ARC kept Judiciary outside the purview of Lokpal and
Lokayukta (as like in New Zealand ;
but in Sweden
·
Lokpal would be appointed the President after consultation with
the CJI, Speaker of Lok Sabha and the Chairman of Rajya Sabha – ARC
recommendation
·
So far, 10 official attempts have been made to bring abut
legislation on this subject. However, none of the bills were passed by the
Parliament.
Lokayuktas:
·
While the Central government is still debating the establishment
of the institution of Lokpal, many States have already set up the
institution of Lokayuktas
·
Odisha passed the Act in 1970 itself (but came into force only in
1983)
·
Institution of Lokayukta was established first in Maharashtra in 1971
·
Till now, 18 States and one Union Territory
States
|
Lokayukta created in
|
Odisha
|
1970
|
1971
|
|
Rajasthan
|
1973
|
1974
|
|
Uttar Pradesh
|
1975
|
Madhya Pradesh
|
1981
|
Andhra Pradesh
|
1983
|
Himachal Pradesh
|
1983
|
Karnataka
|
1985
|
1985
|
|
1986
|
|
1995
|
|
1995
|
|
Kerala
|
1999
|
Jharkhand
|
2001
|
Chattisgarh
|
2002
|
Haryana
|
2002
|
Uttarakhand
|
2002
|
2011
|
·
Structure of the Lokayukta is not same in all the States
·
Some States like Rajasthan, Karnataka, Andhra Pradesh and
Maharashtra have created the Lokayukta as well as Upalokayukta
·
While some States like Bihar, Uttar Pradesh and Himachal Pradesh
have created only the Lokayukta
·
Punjab and Odisha have designated
officials as Lokpal.
·
Chief Minister is included within the jurisdiction of Lokayukta
in the States of Himachal Pradesh, Andhra Pradesh, Madhya Pradesh and Gujarat
while he is excluded from the purview of Lokayukta in the States of
Maharashtra, Uttar Pradesh, Rajasthan, Bihar and Odisha
Lokpal and Lokayuktas Act, 2011 (or) 2013:
·
Bill tabled in LS - Dec 22, 2011
·
Passed by Ls - Dec 27, 2011 (again in Dec 18, 2013)
·
Bill tabled in RS - 29 Dec, 2011
·
Bill referred to a Select Committee of RS for consideration - May
21, 2012
·
Bill passed in RS - Dec 17, 2013
·
Bill received assent from President - Jan 01, 2014
·
Came into force - Jan 16, 2014
·
Following are some important features of the Lokpal and
Lokayuktas Bill, 2011, passed by Parliament:
Ø
Lokpal at the Centre and Lokayukta at the level of the states
Ø
Lokpal will consist of a chairperson and a maximum of eight
members, of which 50 per cent shall be judicial members
Ø
50 per cent of members of Lokpal shall be from SC/ST/OBCs,
minorities and women
Ø
The selection of chairperson and members of Lokpal shall be
through a selection committee consisting of Prime Minister, Speaker of Lok
Sabha, Leader of Opposition in the Lok Sabha, Chief Justice of India or a
sitting Supreme Court judge nominated by CJI, eminent jurist to be nominated by
the President of India on the basis of recommendations of the first four
members of the selection committee
Ø
Prime Minister has been brought under the purview of the Lokpal
Ø
Lokpal’s jurisdiction will cover all categories of public
servants
Ø
All entities receiving donations from foreign source in the
context of the Foreign Contribution Regulation Act (FCRA) in excess of Rs 10
lakh per year are brought under the jurisdiction of Lokpal
Ø
Provides adequate protection for honest and upright public
servants
Ø
Lokpal will have power of superintendence and direction over any
investigation agency including CBI for cases referred to them by Lokpal
Ø
A high powered committee chaired by the Prime Minister will
recommend selection of the Director, CBI
Ø
Directorate of Prosecution headed by a Director of Prosecution
under the overall control of Director
Ø
The appointment of the Director of Prosecution, CBI on the
recommendation of the Central Vigilance Commission
Ø
Transfer of officers of CBI investigating cases referred by
Lokpal with the approval of Lokpal
Ø
The bill also incorporates provisions for attachment and
confiscation of property acquired by corrupt means, even while prosecution is
pending
Ø
The bill lays down clear time lines for preliminary enquiry and
investigation and trial and towards this end, the bill provides for setting up
of special courts
Ø
A mandate for setting up of the institution of Lokayukta through
enactment of a law by the State Legislature within a period of 365 days from
the date of commencement of the Act
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