Lokpal

GS 2 – POLITY

Context: The Supreme Court has stayed a Lokpal order that aimed to bring High Court judges under its purview, calling the interpretation “very disturbing.”

What is Lokpal?

The Lokpal is India’s apex anti-corruption ombudsman, created to investigate complaints of corruption against public officials, including the Prime Minister, Union Ministers, Members of Parliament, and government employees.

Establishment and Evolution:

• Origin of the Concept:
  • The ombudsman system began in Sweden (1809).
  • In India, the idea was first introduced in Parliament by former Law Minister Ashok Kumar Sen during the 1960s.
• Terminology:
  • The terms “Lokpal” and “Lokayukta” were coined by Dr. L.M. Singhvi in 1963.
• Legislative Milestone:
  • The Lokpal and Lokayuktas Act, 2013 was passed following the Anna Hazare-led India Against Corruption (IAC) movement, which highlighted the need for a strong anti-corruption body.

Structure of Lokpal:

• Composition:
  • The Lokpal comprises a Chairperson and up to eight members, with 50% of them required to be judicial members.
• Selection Committee:
  • The Lokpal is appointed by a high-level committee consisting of:
    • Prime Minister (Chairperson)
    • Speaker of the Lok Sabha
    • Leader of Opposition in the Lok Sabha
    • Chief Justice of India or a sitting Supreme Court judge
    • An eminent jurist nominated by the above members

Jurisdiction:

• The Lokpal can investigate corruption allegations against:
  • The Prime Minister (with specific safeguards)
  • Union Ministers
  • Members of Parliament
  • Government employees (Groups A, B, C, and D)
  • Officials from boards, corporations, and autonomous bodies
  • NGOs receiving foreign donations exceeding ₹10 lakh annually

Powers and Functions:

• Investigation:
  • The Lokpal can direct agencies like the CBI to investigate cases and supervise their progress.
• Preliminary Inquiry:
  • It conducts a preliminary inquiry within 60 days to decide whether a full investigation is warranted.
• Search and Seizure:
  • Empowered under the Civil Procedure Code to conduct searches and seize evidence.
• Asset Attachment:
  • Can attach properties of public officials suspected of corruption to prevent the dissipation of assets.
• Prosecution Sanction:
  • Has the authority to sanction prosecutions against public officials based on investigation reports.

Exemptions and Judicial Safeguards:

• Constitutional Judges:
  • Criminal proceedings against sitting judges of High Courts and the Supreme Court require prior consultation with the Chief Justice of India (CJI).
• CJI’s Role:
  • If allegations involve a Supreme Court judge, the Lokpal must consult the CJI before proceeding.

Mains Question:

“Discuss the constitutional and judicial challenges arising from the recent Supreme Court stay on the Lokpal’s attempt to bring High Court judges under its purview.”