Lokpal and Lokpal Act 2013, Panel, Powers and Categories, Remove or Lokpal and Justice PC Ghose YouTube Lecture Handouts

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Watch Video Lecture on YouTube: India Get's 1st Lokpal: Lokpal Act, Powers, Categories, Removal, Panel

India Get's 1st Lokpal: Lokpal Act, Powers, Categories, Removal, Panel

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Lokpal

Lokpal Act, 2013

  • Lokpal at Centre

  • LokAkutya at State

    • In January 2011, the government formed a Group of Ministers to suggest measures to tackle corruption, including the examination of the proposal of a Lokpal Bill following a protest in Delhi by Anna Hazare. In July 2011, the Union cabinet approved the bill, and both Houses passed it in December 2013.

    • Justice Ranjana Desai-led search committee for appointment of Lokpal

    • Anna Hazare had sat on a hunger strike in February-March in his native Ralegansidhi in Ahmednagar district over the non-appointment of Lokpal.

Panel Finalized

  • Lok Sabha speaker

  • Leader of opposition in lower house

  • Chief Justice of India or any judge of the Supreme court he nominates

  • Eminent jurist who could be nominated by the President or any other member – Mukul Rohtagi

  • Headed by PM

    • The selection committee is expected to include the Leader of the Opposition. In absence of the post following the Congress's poor show in 2014 Lok Sabha elections, rules for the appointment of the CBI chief have been amended to include the Leader of the Largest Opposition Party.

    • Congress leader in the Lok Sabha Mallikarjun Kharge was called in as a special invitee to the selection committee meeting but he refused to attend. Kharge pointed that a special invitee would not have any rights to vote.

Lokpal

  • Strengthen anti-corruption

  • Big boost to vigilance

About Lokpal

  • 4 former High Court Judges

  • Including Women Judge

  • 4 former civil servants

  • Members should have least 25 years of experience in matters related to anti-corruption policy, vigilance, public administration, finance, law and management.

  • The office of Lokpal comprises a chairperson and up to eight members.

Powers & Categories

  • Prime minister after s/he demits office

  • Current and former ministers

  • Current and former MPs

  • All Group A officers of the central government

  • All Group A-equivalent officers of PSUs and other government bodies

  • Directors and officers of NGOs which receive government funds

  • Directors and officers of NGOs which receive funds from the public and have an annual income above Rs 10 lakh from a foreign contributor and Rs 1 crore from the government.

    • Lokpal can initiate a preliminary investigation after it receives a complaint under the Prevention of Corruption Act, 1988. If the complaint is found to be true, the Lokpal can ask the government to take disciplinary action against the public servant and also file a case in a special court to be set up by the Centre.

    • A preliminary inquiry should be completed within 30 days of receiving a complaint. The period can be extended to further three months. A full inquiry has to be completed within six months, extendable by another six months. Trial should be completed within a year of filing the case; the time period can be extended to a maximum of two years. Lokpal does not need prior sanction from the government to investigate a complaint.

Justice PC Ghose

  • judge of the Calcutta High Court in 1997

  • 2013 – to Supreme Court

    • Retired Supreme Court judge Pinaki Chandra Ghose is likely to be the country's first Lokpal, or the anti-corruption ombudsman

    • Following a tenure of around four years, Justice Ghose retired from the Supreme Court in May 2017. He is presently a member of the National Human Rights Commission (NHRC).

Removal of Lokpal

  • The President can make a reference to the Supreme Court either on his own or if 100 MPs sign a petition seeking the removal of the chairperson or any of the members. If the SC, after an inquiry, finds the charges to be true, s/he should be removed by President.

Global Scenario – Similarity to Lokpal - Office of Ombudsman

  • Sweden

  • Finland

  • Denmark

  • Netherlands

  • Austria

  • Portugal

  • Spain

  • New Zealand

  • Burkina Faso

  • United Kingdom

1. NUMBER OF EXISTING NATIONAL LEVEL OMBUDSMEN 1980 (29 countries)

2. NUMBER OF EXISTING NATIONAL LEVEL OMBUDSMEN 1990 (45 countries)

3. NUMBER OF EXISTING NATIONAL LEVEL OMBUDSMEN 2000 (100 countries)

4. NUMBER OF EXISTING NATIONAL LEVEL OMBUDSMEN 2010 (133 countries)

An ombudsman is an official, usually appointed by government, who investigates complaints (usually lodged by private citizens) against businesses, financial institutions or government departments or other public entities, and attempts to resolve the conflicts or concerns raised.

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