Lokpal Complaint Rules
The Ministry of Personnel, Public Grievances and Pensions has notified the Lokpal rules, nearly a year after India’s first Lokpal was appointed.
Who are the members of Lokpal?
1. Lokpal, a non-constitutional, statutory body, is an anti-corruption authority representing the public interest in India.
2. It is a multi-membered body with a chairperson and a maximum of 8 members of whom 50% are judicial members.
3. 50% of members of Lokpal have to be from SC, ST, OBCs, minorities and women.
4. The term of office for the Chairman of Lokpal and members shall be 5 years or till attaining the age of 70 years.
5. The President of India appoints the chairman and members on the recommendations of the selection committee.
6. The committee comprises of the Prime Minister, Speaker of Lok Sabha, Leader of the Opposition in Lok Sabha, Chief Justice of India or a sitting Supreme Court Judge nominated by the CJI and an eminent jurist nominated by the President on the basis of recommendations of the first 4 members.
What do the rules say?
1. A complaint can be filed with the Lokpal against the Prime minister, union ministers, MPs and bureaucrats among others.
2. A complaint filed against the Prime Minister has to be decided by the full bench of Lokpal comprising of the chairman and all the members in the first instance, at the admission stage.
3. If such a complaint is dismissed by the bench, records of the inquiry shall not be published or made available to anyone.
4. The complaint filed against a union minister or MP, has to be decided at the admission stage by a bench consisting of not less than 3 members of the Lokpal.
5. The rules bar any complaint filed against a public servant under the army act, navy act, air force act or the coast guard act.
6. Any false and frivolous complaint is punishable with imprisonment for a term up to 1 year and a fine of up to Rs.1 lakh.
7. The Lokpal shall dispose of the complaints within a period of 30 days.
8. The identity of the complainant or the public servant complained against shall be protected till the conclusion of the inquiry or investigation.
9. A non-citizen of India can also file a complaint. Only a copy of the passport is accepted as proof of identity.
Which are the ways to file a complaint?
1. A complaint can be filed electronically, by post or in person.
2. The complaint can be made in English or any of the 22 languages mentioned in the seventh schedule of the Constitution.
3. A complaint should contain the details of allegations about the commission of an offense committed by the public servant including the PM.
4. Copy of identity proof in specified format, registration or incorporation certificate of the organization, on whose behalf the complaint is being made have to be attached.
5. These complaints will be sent by Lokpal to its inquiry wing that may then order a preliminary inquiry.
6. If there is a prima facie case, Lokpal can refer the complaint for an investigation by a probe agency like the CBI.
When can the Lokpal dispose of a complaint?
Lokpal can dispose of a complaint if:
1. the contents are illegible, vague or ambiguous, trivial or frivolous
2. the complaint does not contain any allegation against the public servant
3. the cause of complaint is pending before any other court, tribunal or authority
4. the alleged offense in respect of which the complaint is being made is not committed within the period of 7 years
What are the powers and functions of Lokpal?
Powers:
1. The Act extends to the whole of India and applies to public servants in India and also abroad.
2. So, Lokpal has jurisdiction over the central government and enquires into allegations of corruption against public authorities and matters connected to corruption.
3. It has the power of superintendence and direction over any investigating agency, including CBI, for cases referred to them by the Lokpal.
4. The inquiry wing of the Lokpal has been vested with the powers of a civil court.
5. Lokpal has the power to attach or confiscate assets, proceeds, receipts, and benefits procured by means of corruption in special circumstances.
6. It has the power to recommend transfer or suspension of a public servant connected with allegation of corruption. It can also give directions to prevent the destruction of records during the preliminary inquiry.
7. If the Lokpal receives a complaint under the Prevention of corruption act, 1988 then it can initiate the investigation.
Functions:
1. The inquiry wing needs to inquire into complaints within 60 days of reference.
2. On considering an inquiry report, Lokpal has to order an investigation, initiate departmental proceedings or close the case and proceed against the complainant for false or frivolous complaint. The investigation must be completed within 6 months.
3. The Lokpal can initiate prosecution through its prosecution wing before the special court set up to adjudicate cases. The trial has to be completed within 2 years.
Limitations:
1. The Lokpal cannot inquire any corruption charges against the Prime Minister if the allegations are related to international relations, internal and external security, public order, space and atomic energy.
2. The jurisdiction of Lokpal does not extend over ministers and Members of Parliament in the matter of anything said in the Parliament or vote given there.
Which public functionaries are covered?
1. The jurisdiction of Lokpal includes the Prime Minister, Ministers, and MPs.
2. Public servants including Group A, B, C, and D officers and employees of the Government.
3. Members, chairpersons, officers and directors of any Board, Society, Trust, Corporation or Autonomous body either established by an Act of parliament or partly or wholly funded by the center.
4. Entities receiving donations from foreign sources in excess of Rs.10 lakh per year.
How did the Lokpal Act evolve?
1. The necessity of an institution of ombudsman was felt in the early 1960s on the lines of those in Scandinavian countries to root out corruption in the public offices.
2. In 1966, the 1st administrative reforms commission (ARC) recommended a two-tier machinery to redress public grievances i.e. the Lokpal and Lokayukta.
3. The Bill was introduced for the first time in Lok Sabha as the Lokpal and Lokayuktas Bill, 1968. Since then the Bill has been introduced 9 times.
4. 2nd ARC and National commission to review the working of the Constitution (2002) have also recommended various aspects of the institution of Lokpal.
5. In 2011, an anti-corruption movement under Anna Hazare demanded the Jan Lokpal Bill drafted by the civil society be adopted.
6. Later the Lokpal and Lokayuktas Bill, 2013 was passed by both the houses and received the President's assent in January 2014.
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