INTROUCTION
The Lokpal and Lokayuktas Act, 2013 is an anti-corruption law enacted by the Indian Parliament. The Act seeks to provide for the establishment of a Lokpal at the Centre and Lokayuktas in the States to inquire into allegations of corruption against public functionaries.
The Lokpal is an ombudsman or a high-powered anti-corruption authority at the central level that; deals with corruption cases involving public servants, while the Lokayuktas are ombudsmen appointed at the state level to investigate complaints of corruption against public servants in the respective states.
The need for a Lokpal or an anti-corruption ombudsman was felt in India for several years, as corruption had become a significant problem in the country. The Lokpal and Lokayuktas Act, 2013 was enacted to provide a mechanism to investigate and prosecute cases of corruption against public servants, including the Prime Minister, Chief Ministers, Members of Parliament, and other public officials. The Act seeks to promote transparency and accountability in governance and ensure that corrupt officials are brought to justice.
The Lokpal and Lokayuktas Act, 2013 was passed after several years of debate and discussion, and it was enacted with the aim of reducing corruption in India. The Act provides for the establishment of a Lokpal at the Centre and Lokayuktas in the States, which will work towards creating a corruption-free India.
WHAT ARE LOKPAL AND LOKYUKTA?
The Lokpal and Lokayuktas are anti-corruption ombudsmen that are established under the Lokpal and Lokayuktas Act, 2013, in India.
The Lokpal is an ombudsman or a high-powered anti-corruption authority at the central level that deals with corruption cases involving public servants. It has the power to investigate and prosecute corruption cases against public officials, including the Prime Minister, Chief Ministers, Members of Parliament, and other public servants. The Lokpal is appointed by a committee consisting of the Prime Minister, the Speaker of the Lok Sabha, the Leader of the Opposition in the Lok Sabha, the Chief Justice of India, and an eminent jurist nominated by them.
The Lokayuktas are ombudsmen appointed at the state level to investigate complaints of corruption against public servants in the respective states. They have similar powers to the Lokpal and can investigate and prosecute corruption cases against public officials, including Chief Ministers, Members of Legislative Assemblies, and other public servants. The Lokayuktas are appointed by the Governor of the State after consulting with the Chief Justice of the High Court, the Leader of the Opposition in the Legislative Assembly, and other eminent persons.
The Lokpal and Lokayuktas Act, 2013 seeks to promote transparency and accountability in governance and to ensure that corrupt public officials are brought to justice. The establishment of Lokpal and Lokayuktas is an important step towards creating a corruption-free India.
JURISDICTION AND POWERS OF LOKPAL
The Lokpal is an anti-corruption ombudsman that has been established under the Lokpal and Lokayuktas Act, 2013 in India. Lokpal has the power to investigate and prosecute corruption cases against public officials, including the Prime Minister, Chief Ministers, Members of Parliament, and other public servants. The Lokpal has the following jurisdiction and powers:
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Jurisdiction
The Lokpal has jurisdiction over all categories of public servants in the Union Government, its agencies, and instrumentalities, as well as public servants in non-governmental organizations that receive public funds or are controlled by the government.
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Power to Investigate
The Lokpal has the power to investigate cases of corruption against public officials. It can investigate cases of corruption on its own, or on the basis of a complaint made by any person. The Lokpal can also take suo-motu cognizance of cases of corruption, which means it can initiate investigations on its own without any complaint being made.
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Power to Prosecute
The Lokpal has the power to prosecute public officials who are found guilty of corruption. It can initiate prosecution proceedings against public officials in special courts set up under the Lokpal and Lokayuktas Act, 2013.
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Financial Powers
The Lokpal has the power to confiscate the proceeds of corruption and to recover losses caused to the government on account of corrupt practices. The Lokpal can also impose fines on public officials who are found guilty of corruption.
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Administrative Powers
The Lokpal has administrative powers to ensure the effective functioning of its office. It can appoint officers, employees, and consultants to assist it in the discharge of its functions.
Overall, the Lokpal has been given extensive powers to investigate and prosecute cases of corruption against public officials in India, with the aim of promoting transparency and accountability in governance and ensuring that corrupt officials are brought to justice.
CONCLUSION
In conclusion, the Lokpal and Lokayuktas Act, 2013 is an important law that; has the potential to combat corruption in India. Its success will depend on its effective implementation, public awareness, and support.
Written By Advocate Associate Avichal singhal
Law Offices of Kr. Vivek Tanwar Advocate & Associates