UPSC foundations · Note 102
Lokpal and Lokayuktas: an ombudsman for corruption complaints against public functionaries
Study context: GS II — Important aspects of governance, transparency and accountability, e-governance, citizens' charters; statutory, regulatory and quasi-judicial bodies; role of civil services in a democracy.
The Lokpal and Lokayuktas Act, 2013 creates an ombudsman at the Union level, called the Lokpal, and requires states to establish Lokayuktas. The Act came into force in January 2014, after a prolonged public debate on corruption, including the Jan Lokpal movement. Its purpose is to inquire into allegations of corruption against public functionaries, including the Prime Minister, ministers, members of Parliament and officers of the Union, subject to safeguards and procedures set out in the Act.
The Lokpal consists of a Chairperson and up to eight members, of whom half are to be judicial members and half of the total membership is to be drawn from Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities and women. The Chairperson and members are appointed by the President on the recommendation of a Selection Committee consisting of the Prime Minister, the Speaker of the Lok Sabha, the Leader of Opposition in the Lok Sabha, the Chief Justice of India or a judge nominated by the Chief Justice, and an eminent jurist. They hold office for five years or until the age of seventy, whichever is earlier.
Complaints against the Prime Minister are subject to special safeguards: the Lokpal may inquire only if the full bench so decides by a two-thirds majority, and the inquiry is to be held in camera. For other public servants, the Lokpal may conduct a preliminary inquiry, refer the matter to the Central Vigilance Commission or another agency, and, where a prima facie case is made out, direct investigation and prosecution. The Lokpal also has a prosecution wing and may direct the filing of cases in special courts.
The first Lokpal was constituted only in March 2019, when Justice Pinaki Chandra Ghose was appointed Chairperson, more than five years after the Act came into force. That delay illustrates a recurring governance problem: an institution created by law does not function until its members are appointed, its staff are in place and its procedures are notified. The Lokpal's record since then is debated, but its design remains instructive: independence is built through appointment, composition and tenure, not through the name of the body alone.
Key takeaways
- The Lokpal and Lokayuktas Act, 2013, in force from January 2014, creates a Union ombudsman and requires state Lokayuktas.
- The Lokpal has a Chairperson and up to eight members, half judicial, with selection by a committee including the Prime Minister, Speaker, Leader of Opposition and Chief Justice.
- The first Lokpal was constituted in March 2019 under Justice Pinaki Chandra Ghose, more than five years after the Act came into force.
Why it matters for civil studies
The Lokpal shows that creating an institution by law is only half the task: appointment, staffing and procedure decide whether it ever functions.
Think it through
Should complaints against a Prime Minister be heard by the Lokpal at all, or does that risk turning an anti-corruption body into a political weapon?
From the Public Notes companion study collection. Editorial context and corrections.