On 27th January of 2025 Lokpal's order has come out in which they assume
there (lokpal) jurisdiction over HC (High Court), this order had come on a
complaint file field by a person accusing High Court Judge of influencing
another district judge and another HC Judge who were hearing suits filed by a
private company. Arising from here the matter of jurisdiction of lokpal, the
Apex Court took an suo moto and decided to hear the matter on April 13th 2025,
where they shall debate upon the same.
What Is Lokpal?
Lokpal(s) are anti-corruption bodies which combat acts of bribery and corruption, mostly categories for public servants. It is an ombudsman (an organization which attempts to investigate complaints and resolve them within the organization through mediation) in India. There are two terms that go hand in hand: Lokpal and Lokayukta. Both have the same task to perform, whereas their jurisdiction lies differently. Lokpal operates at the federal level, whereas Lokayukta operates at the state level. Maharashtra was the first state to introduce the Lokayukta in 1971. The first Lokpal bill was introduced by Shanti Bhushan in 1968, and ultimately was never passed until it was reintroduced in 2013 and became a law in 2014.
Powers And Function Of Lokpals
- Lokpals have the power to investigate the PM and ex-PM, but for that, a 2/3 majority and the approval of the chairperson of Lokpal are required.
- Can take action against public servants, parliament members, and the speakers too.
- Power to utilize the services of officers of central or state government.
- Any institution (organization, boards, or authority), which is partially or fully funded by the government, falls under the Lokpal's purview.
- Lokpal has the power to search and seize documents that are useful and relevant to any investigation.
- Lokpal to have powers of a civil court in some cases, as prescribed under the Code of Civil Procedure (referencing the 2013 Act).
- The Lokpals have to work under a time duration but can extend the period of investigation, for no more than 3 months; they can also transfer the investigation to any agency.
- Under the Lokpal and Lokayuktas Act, complaints of corruption allegedly committed by officers of the three elite All India Services must be made to the Lokpal. The Central Vigilance Commission cannot inquire into such complaints without the direction of the Lokpal.
- Confiscation of assets, proceeds, receipts, and benefits produced through means of corruption in special circumstances.
- The Lokpal can 'recommend' to the central government the transfer and suspension of a public servant connected with the allegations of corruption.
- Power of Lokpal to give directions regarding records to prevent the destruction of records during an inquiry.
How Lokpals Work?
Procedure of Investigation
Receive a complaint and if decided to proceed further.
Investigation- by its own inquiry wing or any other agency for ex- CBI
the investigation or preliminary inquiry shall be conducted on basis of the
,material , information and documents collected seek the comments on the
allegations made against public servant, which shall be submitted with 60 days a
bench who will be receiving that report must e consisting of not less than 3
members of the lokpal.
After giving the alleged public servant an opportunity to be heard , the 3
member bench must decide whether there is prima facie case (sufficient evidence)
and may proceed further with the investigation.
The inquiry / investigation must be completed in 90 days. In case more time
required the lokpal can direct the agency (used if any ) to carry out the
investigation and complete within the period of 6 months.
After completing the investigation a copy must be forwarded to the lokpal where
not less than 3 bench members file a charge sheet and direct under its
prosecution wing or any investigation agency to initiate prosecution in the
special court.
Conclusion
The Lokpal and Lokayukta Act, 2013, represents a significant step in India's
fight against corruption by establishing independent bodies to investigate
allegations of misconduct against public servants, including high-ranking
officials. The recent order by the Lokpal asserting jurisdiction over High Court
judges has sparked a legal debate, prompting the Supreme Court to take suo moto
cognizance of the matter. This highlights the evolving nature of the Lokpal's
authority and the need for clarity regarding its jurisdictional limits.
With powers ranging from investigation and seizure to recommending suspensions,
the Lokpal serves as a crucial mechanism for ensuring accountability and
transparency in governance. However, its effectiveness depends on adherence to
procedural safeguards, timely resolutions, and cooperation with other agencies.
As the Supreme Court prepares to deliberate on the Lokpal's jurisdiction, the
outcome will shape the future of anti-corruption efforts in India, reinforcing
the balance between judicial independence and accountability. The Lokpal Act,
therefore, remains a pivotal tool in upholding integrity within public
institutions, provided its implementation aligns with constitutional principles
and the rule of law.
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