Administrative Reforms Commission, 1966 recommended an authority to be designated as Lokpal dealing with complaints against Ministers and Government Secretaries. And the other authorities were to be designated as Lokayukta both at the Centre and in the States. These were to be empowered to deal with complaints against other officials.

Both the institutions of Lokpal and Lokayukta, according to the commission should be characterised by the following features:

1.      They should be demonstrably independent and impartial;

2.      Their investigations and procedures should be conducted in private and should be informal in character;

3.      Their appointment should, as far as possible, be non-political;

4.      Their status should compare with the highest judicial functionaries in the country; they should deal with matters in the discretionary field involving acts of injustice, corruption or favoritisms;

5.      Their proceedings should not be subject to judicial interference and they should have the maximum latitude and powers in obtaining information relevant to their duties;

6.      And they should not look forward to any benefit or pecuniary advantage from the executive Government.

To implement the recommendations of the Administrative Reforms Commission, the Government to India in introduced Bill on the Lokpal and Lokayuktas a number of times but due lack of consensus on the clear cut framework for these institutions the bills could not be passed. Most recently the bill was introduced in pursuance of the commitment spelt out in its national agenda for governance, the BJP-led Vajpaye government introduced the Lokpal bill, 1998 in the Parliament on august 3, 1998. The bill seeks to include the prime minister within the purview of the Lokpal.

The lokpal bill, 1998

Main features of the lokpal bill, 1998

a)      The Lokpal will be appointed by the President on the recommendation of a committee headed by the Vice-President. The Committee will have as its members the Prime Minister, the Speaker of the Lok Sabha, the Home Minister and the leaders of Opposition of both the Houses of Parliament. The Committee will recommend a three-member Lokpal, including its Chairperson, from the judiciary. The Lokpal will have a fixed tenure and its removal will be made by an order of the President on grounds of proven misbehavior or incapacity.

b)      The Lokpal will inquire into complaints against public functionaries, i.e. the Prime Minister, cabinet ministers, ministers of state, Deputy Ministers and MPs.

c)      The members of the Lokpal shall be ineligible to hold other offices, including those of members of Parliament and State Legislatures. The proposed institution shall have all the powers of a civil court and the proceedings before it shall be deemed to be judicial proceedings under the provisions of the Indian Penal Code.

d)      The Bill has special provisions for discouraging frivolous vexatious and false complaints and provides for declaration of assets and liabilities of the MPs through known sources of income.

e)      The Bill exempts the Lokpal from inquiring into allegations against any conduct of the President, the Vice-President, the Lok Sabha Speaker, the Chief Justice of India the judges of the Supreme Court, the Controller and Auditor General of India, the Chief Election Commissioner of India or other Election Commissioners and members of the UPSC.

A critical analysis of the Lokpal Bill, 1998 shows some positive aspects in comparison to the earlier bills. In a sharp departure from some of the previous bills, the present one clearly brings the Prime Minister under the ambit of the Lokpal. But critics argue that by doing so, the office of the Prime Minister may be put undue pressure. However, the provisions will bring about transparency in our day-to-day administration.

The proceedings of the proposed Lokpal will be in public except on rare occasions when they can be in writing. Besides, the appointment of the three-member Lokpal will be done by the President on the recommendation of a committee chaired by a constitutional functionary-the Vice-President of India. However, the most vital aspect of the proposed Bill is that it conforms to the principles of accountability and supremacy of Parliament, which are the hallmarks of Parliamentary democracy. Unlike the previous bill, which stated that the final report of the Lokpal would be presented to the ‘competent authority’, the present bill has a provision whereby the reports of the Lokpal will be tabled before the concerned House (i.e. that House of which the accused is a member). The concerned House, in turn, will decide the course of action to be taken against the said public functionary.

A look at the provisions of the successive Lokpal Bills introduced by various governments and the functioning of the Lokayuktas in various states paints a very dismal picture. The corrupt public functionaries and officials, against whom Lokpal and Lokayukta are supposed to fight, have deliberately made such provisions which can provide them with an ‘escape route’ Besides, the present Lokpal has made a sharp departure from its initial goal of redressing the grievances of the citizens and has instead confined itself to probing the allegations of corruption.

Hence, what is required is to bring about transparency in almost all aspects of the institution of Lokpal like appointment and qualifications of the members of the Lokpal, constitution of the Committee entrusted with the task of recommending the names of the members of Lokpal, functioning of the institution through clear-cut guidelines etc. Further ‘in camera’ proceedings and recommendatory nature of the report of the Lokpal and Lokayukta are provisions, which should be scrapped. It must be remembered that a powerful Lokpal at the Centre and an effective Lokayukta at the states can go a long way in combating the menace called corruption.

Lokpal Act

The Bill as passed by Parliament provided broadly for the following:

(a)        Establishment of the institution of Lokpal at the Centre and Lokayuktas at the level of the States, thus providing a uniform vigilance and anti-corruption road-map for the nation, both at the Centre and the States. 

(b)        The Lokpal to consist of a Chairperson and a maximum of eight Members, of which fifty percent shall be judicial Members. Fifty per cent of members of Lokpal shall be from amongst SC, ST, OBCs, Minorities and Women. 

(c)        The selection of Chairperson and Members of Lokpal shall be through a Selection Committee consisting of –

• Prime Minister;
• Speaker of Lok Sabha;
• Leader of Opposition in the Lok Sabha;
• Chief Justice of India or a sitting Supreme Court Judge nominated by CJI;
• An eminent jurist to be nominated by the President of India

(d)        A Search Committee will assist the Selection Committee in the process of selection.  Fifty per cent of members of the Search Committee shall also be from amongst SC, ST, OBCs, Minorities and Women.

(e)        Prime Minister was brought under the purview of the Lokpal with subject matter exclusions and specific process for handling complaints against the Prime Minister. 

(f)        Lokpal’s jurisdiction will cover all categories of public servants including Group ‘A’, ‘B’, ‘C’ & ‘D’ officers and employees of Government.  On complaints referred to CVC by Lokpal, CVC will send its report of Preliminary enquiry in respect of Group ‘A’ and ‘B’ officers back to Lokpal for further decision.  With respect to Group ‘C’ and ‘D’ employees, CVC will proceed further in exercise of its own powers under the CVC Act subject to reporting and review by Lokpal.

(g)        All entities receiving donations from foreign source in the context of the Foreign Contribution Regulation Act (FCRA) in excess of Rs. 10 lakhs per year are brought under the jurisdiction of Lokpal.

(h)        Lokpal will have power of superintendence and direction over any investigation agency including CBI for cases referred to them by Lokpal.  

(i)         A high powered Committee chaired by the Prime Minister will recommend selection of the Director, CBI. 

(j)         Attachment and confiscation of property of public servants acquired by corrupt means, even while prosecution is pending.

(k)        Clear time lines for:-

• Preliminary enquiry – three months extendable by three months.
• Investigation – six months which may be extended by six months at a time.
• Trial – one year extendable by one year and, to achieve this,  special courts to be set up.

(l)         Enhancement of maximum punishment under the Prevention of Corruption Act from seven years to 10 years.  The minimum punishment under sections 7, 8, 9 and 12 of the Prevention of Corruption Act will now be three years and the minimum punishment under section 15 (punishment for attempt) will now be two years.

• Bill also includes confiscation of property acquired by corrupt-means even during prosecution.
• Bill has provision that will safeguard honest and upright public servants.
• Investigating officers can be transferred only with Lokpal’s consent.
• A Lokpal member can be suspended by the President after Supreme Court inquiry.
• Inquiry against PM has to be approved by two-thirds of the bench of Lokpal.
• For false and frivolous complaints, the penalty is imprisonment up to one year and fine up to Rs 1 lakh.
• Public servants can face imprisonment up to 7 years.
• Minimum term for conviction in a corruption case will be 2 years.
• No prior sanction required for investigating cases probed by the Lokpal.