The Lokpal and Lokayuktas Act, 2013 lays down that a body shall be constituted to discharge the functions of lokpal. the composition of lokpal is explained in chapter II of the Lokpal and Lokayuktas Act, 2013.
- the lokpal shall consist of a chairperson who is a sitting or an ex chief justice of India or a judge of the Supreme Court. Any eminent person with the eligiblity specified in the Act can also be cosidered for the post of the Chairperson. Apart from the Chairperson a maximum number of eight other persons are allowed of which four members shall be judicial members. The Act also stresses on the inclusion of SCs, STs, OBCs, minorities and women in the body containing a percentage of not less than fifty.
- a person can be a judicial member if he is or has been aSupreme Court judge or a Chief Justice of a high court. A person can be no judicial member if he has special knowledge and experience of atleasttwenty five years in the maters like anti corruption policy, public administration, vigilance, etc.
- the chairperson or a judicial member ora non judicial member can be anyone except :
- an MP or an MLA
- a person convicted of an offence of mora turpitude
- less than forty five years of age
- a member of panchayat or municipality
- a person removed or dismissed from the service of the uninon or the state
The person shall also not hold any officeof profit/ trust, shall not be affiliated to any political party and also shall not carry on any business/ trade.
- the President in consultation with a selection committee shall appoint a chairperson and the other members of the lokpal.
- to fill thevacanciesof the chairperson or the members the President shall take al necessary steps atleast three monts before the expiry of the term of the chairperson or the members.
- the term of office of the chairperson or the members, appointed by the president shall be five yeras from the date upon which he/ she enters office or until he/she attains the age of seventy years. However he/ she can resign his/ her office by giving a letter to the President or he/ she maybe removed from his office in the manner provided in section 37 of the Act.
- the salary and allowances of the chairperson and the members shall be same as that of the Chief Justice and the Supreme Court judges, respectively. The salary, allowances, pension of the chairperson or the members shall not be varied to their disadvantage after their appointment.
- a chairperson or member after th completion of five years of service shall be ineligible for the reapointment as the chairpseron or the member pf the lokpal or any diplomatic assignment, appointment as an administrator of an UT and such other appointments or assignments as maybe made by the president by warrant under his hand or to any officeof profit under the union or state government or contesting any election for the post of president, vice president, MPs, MLAs or municipality or panchayat within a period of five years from the date of relenquishing the post. If the total of term of five years had been incomplete then a member shall be eligible to be appointed as a chairperson.
- the President may authorise the seniormost member to act as the chairperson if a vacancy is caused in that office by reason of death, resignation,etc.
- apart from the chairperson the the following members shall also be a part of the body apponted by the chairperson :
- a secretary to the lokapl in the rank of secretary to the governent
- director of inquiry and director of prosecution in the rank of additional secretary to the government or such member or officer of lokpal as the chairpesron may in consultation with the Union Public Service Commission direct
- there should also be the Inquiry wing and the Prosecution wing of the lokapl who shall be in charge of inquiry and prosecution of a case respectively.