HISTORICAL BACKGROUND OF LOKPAL

Although ‘Lokpal’ has shot into prominence recentlydue to Anna Hazare’s anti-corruption crusade, the concept is quite old. Lokpal parallels the concept (which emerged globally and especially in the Scandinavian countries) of Ombudsman as a means of tackling corruption and/or of redressing public grievances. Late jurist L.M. Singhvi mentioned about this institution in the parliament and gave its rationale: “...an institution such as the Ombudsman must be brought into existence in our country. It is for the sake of securing justice and for cleansing the public life of the Augean stable of corruption, real and imaginary, that such an institution must be brought into existence… It is to provide an alternative to the cold and protracted formality of procedure in course of law that such an institution should be brought to existence. There is every conceivable reason today which impels to the consideration that such an institution is now overdue in our country...”

Thisis howtheideaof Lokpal appearedon the nationallegislativeagenda.Later,theGovernment appointed an Administrative Reforms Commission which in its recommendation suggested a scheme of appointing Lokpal at Centre and Lokayuktas in each State. Subsequently, to implement the recommendations of the First Administrative Reforms Commission, eight Bills were introduced in the Lok Sabha from time to time. However, all these Bills, (except the 1985 bill) lapsed consequent upon the dissolution of the respective Lok Sabhas. The 1985 Bill was later withdrawn. The Bills had varied conceptions of the scope, structure and jurisdiction of the Lokpal. We will examine the matter based on The Lokpal and Lokayuktas Bill, 2011which Lok Sabha passed. Therein the institution of Lokpal appears with many changes which reflect the changing socio-economic conditions and the nature, level and pervasiveness of corruption in contemporary society.