Context: 

Recently, India celebrated the 1st Lokpal Foundation Day on 16th January 2025. 

Historical Background:

• On this day (16th January), the Lokpal of India was established by virtue of coming into force of Section 3 of the Lokpal and Lokayuktas Act, 2013. 
• In India, the term Lokpal which literally meant “people’s protector” was coined by L.M. Singhvi in 1963.
• This institution was first created in Sweden in 1809.
• The First Administrative Reforms Commission (ARC) of India (1966-1970) recommended two independent authorities- one at the Union level (Lokpal) and one at the state level (Lokayukta) - to probe complaints against public functionaries, including MPs.
• The Lokpal and Lokayuktas Bill, 2011 was passed by the Parliament on 17th December 2013. 
• The Act came into force on 16th January 2014 and has been amended once in 2016 since its notification.

Salient features of The Lokpal and Lokayukta Act, 2013:

• Composition of Lokpal: It consists of a chairperson and eight Members out of whom 4 members are Judicial Members and 4 of the members come from amongst the SCs, the STs, the OBCs, minorities and women.

• The current (from 10th March 2024 to present) Chairperson of Lokpal is Justice Ajay Manikrao Khanwilkar.
• Retired Supreme Court judge Pinaki Chandra Ghose was appointed as the first Lokpal of India. 

• Appointment: The Chairperson and the Members are appointed by the Hon’ble President of India by warrant under his hand and seal.

• Term of office of chairperson and Member: 5 years from the date on which they enter upon the office or until they attain the age of 70 years, whichever is earlier.

• Members are appointed by the President of India on recommendations of the Selection Committee which consists of – 

• Prime Minister 
• Speaker of the Lok Sabha
• Leader of the Opposition in the Lok Sabha 
• Chief Justice of India or a sitting SC Judge nominated by the Chief Justice of India  
• An eminent jurist to be nominated by the President of India on the basis of recommendations of the first four members of the selection committee.

• Lokpal has two main branches in the form of Administrative Wing and Judicial Wing to discharge the functions tasked to it by the Lokpal and Lokayuktas Act,2013. 

• Salaries and allowances of the Lokpal Chairperson is equivalent to the Chief Justice of India and those for other members are equivalent to a judge of the Supreme Court. 

• All salaries, allowances and pensions of the Chairperson, Members or Secretary or other officers or staff of the Lokpal, will be charged upon the Consolidated Fund of India and any fees or other money taken by the Lokpal shall form part of that Fund.

• Suspension, and Removal of Chairperson and Member of Lokpal: The President may remove from the office, the Chairperson or any Member if the Chairperson or such Member, as the case may be—

• is adjudged an insolvent;
• engages, during his term of office, in any paid employment outside the duties of his office; or
• is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
• The Chairperson or any Member of the Lokpal can also be removed by the President on grounds of misbehaviour, based on a Supreme Court inquiry. This inquiry is initiated upon a petition signed by at least 100 Members of Parliament and conducted as per prescribed procedures.

Drawbacks of the Lokpal Act, 2013

• No Suo Moto power: The Lokpal has been deprived of the authority to take suo moto cognizance of the cases of corruption and maladministration.
• The Act prescribes heavy punishment for false and frivolous complaints against public servants which may deter complaints being filed to Lokpal.
• The Act does not permit anonymous complaints, potentially discouraging whistleblowers from coming forward due to fear of reprisal.
• The Act specifies a 7-year limitation period for filing complaints, thus limiting accountability.

Exception for Prime Minister:

• The Act does not allow a Lokpal inquiry if the allegation against the PM relates to international relations, external and internal security, public order, atomic energy and space.
• Complaints against the PM can be investigated only if the full Lokpal bench considers the initiation of inquiry and at least 2/3rds of the members approve it.
• Such an inquiry against the PM (if conducted) is to be held in camera and if the Lokpal comes to the conclusion that the complaint deserves to be dismissed, the records of the inquiry are not to be published or made available to anyone.