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STRUCTURE AND FUNCTIONS OF LOKPAL

Structure and Functions of Lokpal

The term Lokpal is derived from a Sanskrit word “Loka” meaning people and “pala” refers to protector or caretaker for the state. The main aim is to eradicate corruption. These concepts became more prominent in the 20th century after World War I. The concept of Ombudsman in India is known as Lokpal and Lokayukta. The Constitutional concept of Ombudsman was first proposed by law minister Ashok Kumar Sen in the parliament in the 1960s, it was tried to put fort eight to nine times. It was coined by L.M Singhvi. It was not successfully passed until 2011. The bill was passed in Loksabha and enormous amendments were made on the bill by Rajya Sabha and finally passed in the year 2013 and came into existence from 16th January 2014.

Why we need such Institution

Maladministration can slowly demolish the base for the foundation of the nation and can also hinder administration for accomplishing its task. Corruption is the main cause of the problem.

Most of the anti-corruption bodies or agencies are hardly independent. Thus, there was a need for an independent body to curb the issue of corruption and maladministration in the country. Lokpal is considered to be a landmark that rendered solutions for the never-ending menace for corruption.

 

Establishment

The Lokpal stands at the Centre and Lokayukta is for the states.

The Lokpal consists of a chairman and a maximum of eight members of which half should be judicial and fifty percent should be from SSC/ST/OBC minorities and women.

The Lokpal Chairman should not be part of any political party

The Chairman of Lokpal should be a former judge of the Supreme Court any eminent person with good ability skills and knowledge relating to the field and expertise of minimum 25years matters relating to anti-corruption, public administration, finance, law, and management, etc.

The judicial members of Lokpal can be considered to be a Judge of the Supreme Court or a former Chief Justice of High Court.

The members of Lokpal are appointed by the President in the recommendation of the Selecting Committee

The Selection Committee consists of the Prime Minister who is the Chairman, Speaker of Loksabha, Leader of the Opposition party, or Chief Justice of India.

The Selecting Committee selects the people for chairman and members

 

Lokpal Jurisdiction and Powers

The Lokpal has jurisdiction includes the Prime Minister except to the corruption allegations related to security, atomic energy, and space.

Lokpal also has jurisdiction where a person is or has been in charge of anybody/society established by the central act or any other finance body controlled by the central government and other person indulged in activities such as abetting, bribe

The Lokpal Act authorizes all the public officials who need to furnish there assets and liabilities of themselves as well as of their respective departments.

It has the power to supervise and provide directions to the CBI for investigating the matter in relation to corrupting

Lokpal also has the powers to confiscate the ill-gotten wealth from the assets, receipts, and benefits in special circumstances.

Lokpal has the power to recommend the transfer or suspension of a public official for relatable to corruption.

 

  • Need for such Institution
  • Establishment of Lokpal
  • Lokpal Jurisdiction and Powers

BY : Subhasree Pati

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