Former Supreme Court judge Justice Pinaki Chandra Ghose was finalised by a selection panel as the first head of the Lokpal.
It is imperative, in this context, to understand the various provisions and features of the Lokpal and Lokayuktas Act, 2013.
What is the composition?
The first head has been selected 5 years after the President had given assent to the Lokpal and Lokayuktas Act, 2013.
Lokpal is the national anti-corruption ombudsman.
Under the 2013 Act, the Lokpal should consist of a chairperson and such number of members, not exceeding 8.
Of the members, 50% should be judicial members.
Also, not less than 50% of the members should be from among persons belonging to the SCs, the STs, OBCs, minorities and women.
The same rules apply for members of the search committee.
How is the selection done?
The selection procedures for the members and the chairperson are the same.
A search committee will prepare a panel of candidates, and a selection committee will recommend names from among this panel.
The President will finally appoint these as members.
Salaries, allowances and service conditions of the Lokpal chairperson will be the same as that for the Chief Justice of India.
For other members, these will be the same as that for a judge of the Supreme Court.
What after the selection process?
After the selection of members, the Lokpal will set about creating its various wings.
It will have an Inquiry Wing, headed by the Director of Inquiry.
This conducts preliminary inquiry into any offence allegedly committed by a public servant punishable under the Prevention of Corruption Act, 1988.
It will also have a “Prosecution Wing, headed by the Director of Prosecution.
This is to prosecute public servants in relation to any complaint by the Lokpal under this Act.
So once the members are appointed, the process for more appointments will start.
These may include that for Secretary, Director of Inquiry and Director of Prosecution and other officers and staff of the Lokpal.
Who all does the Act cover?
The Act covers a wide range of public servants with various rules for each.
These ranges from the Prime Minister, ministers and MPs, to groups A, B, C and D employees of the central government.
It shall apply to public servants in and outside India.
The Act also includes the Lokpal’s own members under the definition of “public servant”.
The Chairperson, Members, officers and other employees of the Lokpal, while functioning under the provisions of the Act, shall be deemed to be public servants.
A complaint under this Act shall only relate to a period during which the public servant was holding or serving in that capacity.
How does an inquiry proceed?
The Lokpal may, after receiving a complaint against any public servant, order a preliminary inquiry which has to be completed within 90 days.
After receiving the report of the preliminary inquiry, the Lokpal may order an investigation by any agency or departmental proceedings.
S/he may also take any other appropriate action by the competent authority, or it can order closure of the proceedings.
What are the limitations?
If a complaint is filed against the PM, the Lokpal shall inquire or cause an inquiry to be conducted into the allegation of corruption.
However, the Act does not allow a Lokpal inquiry if the allegation against the Prime Minister relates to
international relations
external and internal security
public order
atomic energy
space
Also, complaints against the PM are not to be probed unless the full Lokpal bench considers the initiation of an 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.
If the Lokpal concludes that the complaint deserves to be dismissed, the records of the inquiry are not to be published or made available to anyone.
What are the Lokayuktas?
The Lokayuktas are the state equivalents of the central Lokpal.
States have to establish the Lokayukta to deal with complaints on corruption against certain public functionaries in the states.
In some states, Lokayuktas were already functioning when the 2013 Act was passed.
Most states, however, are without a Lokayukta even after the 2013 Act.
The Supreme Court recently directed these states to take steps for appointment of Lokayukta.
