Features

The salient features of the Lokpal and Lokayuktas Act (2013) are as follows.3

1. It seeks to establish the institution of the Lokpal at the Centre and the Lokayukta at the level of the State and thus seeks to provide a uniform vigilance and anti-corruption road map for the nation both at the Centre and at the States. The jurisdiction of Lokpal includes the Prime Minister, Ministers, Members of Parliament and Groups A, B, C and D officers and officials of the Central Government.

2. The Lokpal to consist of a Chairperson with a maximum of 8 members of which 50% shall be judicial members.

3. 50% of the members of the Lokpal shall come from amongst the SCs, the STs, the OBCs, minorities and women.

4. The selection of the Chairperson and the members of Lokpal shall be through a Selection 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 or a sitting Supreme Court Judge nominated by the Chief Justice of India and an eminent jurist to be nominated by the President of India on the basis of recommendations of the first four members of the selection committee.

5. A Search Committee will assist the Selection Committee in the process of selection. 50% of the members of the Search Committee shall also be from amongst the SCs, the STs, the OBCs, minorities and women.

6. The Prime Minister has been brought under the purview of the Lokpal with subject matter exclusions and specific process for handling complaints against the Prime Minister.

7. Lokpal’s jurisdiction will cover all categories of public servants, including Group A, Group B, Group C, and Group D officers and employees of Government. On complaints referred to the CVC by the Lokpal, the CVC will send its report of preliminary enquiry in respect of Group A and Group B Officers back to the Lokpal for further decision. With respect to categories of employees from Group C and Group D, the CVC will proceed

further in exercise of its own powers under the CVC Act subject to reporting and review by the Lokpal.

8. The Lokpal will have the power of superintendence and direction over any investigating agency, including the CBI, for cases referred to them by the Lokpal.

9. A High-Powered Committee chaired by the Prime Minister will recommend the selection of the Director of CBI.

10. It incorporates provisions for attachment and confiscation of property of public servants acquired by corrupt means, even while the prosecution is pending.

11. It lays down clear timelines. For preliminary enquiry, it is three months extendable by three months. For investigation, it is six months which may be extended by six months at a time. For trial, it is one year extendable by one year and to achieve this, special courts to be set up.

12. It enhances maximum punishment under the Prevention of Corruption Act from seven years to ten 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.

13. Institutions which are financed fully or partly by Government are under the jurisdiction of Lokpal, but institutions aided by Government are excluded.

14. It provides adequate protection for honest and upright public servants.

15. Lokpal conferred with power to grant sanction for prosecution of public servants in place of the Government or competent authority.

16. It contains a number of provisions aimed at strengthening the CBI such as:

(i) setting up of a Directorate of Prosecution headed by a Directo Prosecution under the overall control of the Director of CBI;

(ii) appointment of the Director of Prosecution on recommendation of the CVC;

(iii) maintenance of a panel of advocates by CBI other th Government advocates with the consent of the Lokpal handling Lokpal-referred cases;

(iv) transfer of officers of CBI investigating cases referred by Lok with the approval of Lokpal;

(v) provision of adequate funds to CBI for investigating cas referred by Lokpal.

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

18. It contains a mandate for setting up of the institution of Lokayukta through enactment of a law by the State Legislature within a period of 365 days from the date of commencement of this Act. Thus, the Act provides freedom to the states to decide upon the contours of the Lokayukta mechanism in their respective states.