Foundation Day of Lokpal of India:
The Lokpal of India observed its Foundation Day on 16th January, marking the coming into force of Section 3 of the Lokpal and Lokayuktas Act, 2013, which provided for the establishment of the Lokpal in 2014.
- The idea of a Lokpal was first mooted in 1963, inspired by the Ombudsman model, and was formally recommended by the First Administrative Reforms Commission in 1966.
- India ratified the UN Convention Against Corruption in 2011, leading to the passage of the Lokpal and Lokayuktas Act in 2013, which came into force on 16th January 2014, formally establishing the Lokpal under Section 3 of the Act.
- Before the enactment of the Lokpal and Lokayuktas Act, 2013, several states had already set up Lokayukta institutions through their own laws, with Maharashtra being the first to establish a Lokayukta in 1971.
- The Lokpal consists of a Chairperson and up to eight Members, with at least 50% being Judicial Members and a mandatory 50% representation from SC, ST, OBC, minorities, and women.
- Members hold office for five years or until attaining the age of 70 years, whichever is earlier, ensuring both expertise and social inclusivity in the institution.
- The Chairperson and Members of the Lokpal are appointed by the President of India based on the recommendations of a Selection Committee comprising the Prime Minister, Speaker of the Lok Sabha, Leader of Opposition, the Chief Justice of India or a nominee, and one eminent jurist nominated by the President.
- The Chairperson must be a serving or former Chief Justice of India or a Supreme Court Judge.
- Judicial Members are drawn from serving or former Supreme Court Judges or Chief Justices of High Courts.
- Non-Judicial Members must possess impeccable integrity and at least 25 years of experience in fields specified under the Act.
- The Lokpal has jurisdiction over the Prime Minister (with exclusions relating to national security, foreign relations, atomic energy, space, and public order), Union Ministers, Members of Parliament, and Group A to D Central Government officials.
- It also covers entities receiving substantial government funding or foreign contributions under specified conditions.
- The Lokpal has powers of superintendence over investigations conducted by the Central Bureau of Investigation (CBI) in cases referred to it and exercises powers of a civil court during preliminary inquiries.
- It can authorise search and seizure, recommend prosecution or disciplinary action, issue guidelines to the CVC, and suggest systemic reforms to address institutional corruption.
- Any individual, NGO, company, trust, limited liability partnership (LLP) even foreign nationals (with passport) can file complaints.
- Complaints must relate to offences under the Prevention of Corruption Act, 1988.
- Complaints can be submitted online or offline in the prescribed format under the Lokpal (Complaint) Rules, 2020, within a limitation period of seven years.
- The Lokpal ensures strict confidentiality of complainants, witnesses, and public servants during inquiry and investigation.
- Complaint Handling Mechanism: Complaints are generally placed before the Lokpal Bench within 15 working days after scrutiny.
- Even defective complaints are considered, with opportunities given for rectification, and public servants are granted multiple stages to present their defence, ensuring adherence to principles of natural justice.
