Classification Rights and Duties of Lokpal
🏛️ Classification, Rights, and Duties of the Lokpal: Detailed Explanation with Case Law
🔰 1. Introduction to Lokpal
The Lokpal and Lokayuktas Act, 2013 was enacted to establish an anti-corruption body at the central level to inquire into allegations of corruption against public functionaries, including the Prime Minister, Ministers, MPs, and other public servants.
The Lokpal is not a court, but it is a statutory quasi-judicial authority.
📘 2. Classification of Lokpal
✅ A. Composition
The Lokpal comprises:
Chairperson:
A former Chief Justice of India, Supreme Court Judge, or an eminent person of integrity with anti-corruption expertise.
Members (up to 8):
50% must be judicial members (former Judges of the Supreme Court or High Courts).
50% of total members should belong to SCs, STs, OBCs, minorities, or women.
✅ B. Appointment
Appointed by a Selection Committee consisting of:
Prime Minister (Chairperson)
Speaker of Lok Sabha
Leader of Opposition in Lok Sabha
Chief Justice of India or a SC judge nominated by him
An eminent jurist nominated by the President
✅ C. Jurisdiction
Lokpal has jurisdiction over:
Prime Minister (with certain limitations)
Union Ministers
Members of Parliament
Group A, B, C, and D public servants
Officials of NGOs receiving government funding or foreign donations above ₹10 lakh
⚖️ 3. Rights and Powers of Lokpal
The Lokpal has quasi-judicial and investigative powers including:
✅ A. Power to Inquire and Investigate
Can inquire into complaints of corruption against public functionaries.
May direct CBI or other investigating agencies to conduct a full investigation.
Has powers of civil courts: summoning, requiring documents, taking evidence on oath, etc.
✅ B. Power of Superintendence
Lokpal has supervisory powers over the CBI in cases referred by it.
Can recommend transfer/suspension of public officials involved in corruption.
✅ C. Prosecution and Disciplinary Powers
After investigation, it may:
File chargesheets in the Special Court
Recommend departmental action
Suggest systemic reforms
✅ D. Power to Attach Property
Lokpal can provisionally attach assets believed to be acquired through corrupt means (under Prevention of Corruption Act).
📋 4. Duties of Lokpal
✅ A. Ensure Transparency and Accountability
The Lokpal must ensure that public servants adhere to integrity and are held accountable.
✅ B. Submit Annual Reports
Lokpal is required to submit an annual report to the President, who lays it before Parliament.
✅ C. Protect Whistleblowers
Under the Whistleblower Protection Act, 2014, Lokpal has limited but moral responsibility to ensure protection to informants.
✅ D. Recommend Preventive Measures
Can recommend improvements in governance and institutional practices to reduce corruption.
📚 5. Key Case Laws on Lokpal
A. Common Cause v. Union of India (2014) 6 SCC 552
Facts:
Petition filed demanding implementation of the Lokpal Act.
Issue:
Delay in setting up Lokpal even after the Act was passed.
Holding:
The Supreme Court directed the government to implement the Act without delay.
Observed that mere passing of law is not enough; its implementation is a constitutional obligation.
Significance:
Reinforced the mandatory nature of Lokpal and its timely setup.
B. M. Karunanidhi v. Union of India (2018, Madras HC)
Facts:
Allegations of disproportionate assets against a former CM.
Issue:
Whether Lokpal has jurisdiction over Chief Ministers or State-level officials.
Holding:
Held that Lokpal does not cover State officials; they are under Lokayuktas.
Emphasized the federal structure in anti-corruption enforcement.
Significance:
Clarified jurisdictional limits of Lokpal vs Lokayukta.
C. Prashant Bhushan v. Union of India (2019, SC Observation)
Facts:
PIL filed regarding delay in appointment of Lokpal.
Issue:
Whether the absence of a Leader of Opposition prevents the appointment of Lokpal.
Holding:
Court held that Leader of the largest opposition party can substitute the Leader of Opposition in the selection committee.
Significance:
Ensured that technicalities cannot derail anti-corruption institutions.
D. Anjali Bhardwaj v. Union of India (2019) SC
Facts:
Petitioners raised issue of non-transparent appointment of Lokpal members.
Holding:
The Supreme Court directed the expedited appointment process, stating that delays defeat the purpose of the Act.
Significance:
Reiterated the constitutional obligation to establish functioning anti-corruption bodies.
E. Lokpal Selection Committee Minutes Case (2020, Delhi HC)
Facts:
A petitioner sought access to the minutes of the Lokpal selection committee under RTI.
Holding:
Court held that RTI access is limited, but transparency must be balanced with confidentiality of selection processes.
Significance:
Highlighted tension between transparency and functional independence.
📊 6. Critical Analysis
| Strengths of Lokpal | Challenges |
|---|---|
| Independent mechanism to fight corruption | Delay in appointment and functioning |
| Covers high-level officials including PM | Limited jurisdiction over private bodies |
| Supervisory power over CBI | No suo motu power—depends on complaints |
| Can recommend systemic reforms | Lack of coordination with Lokayuktas |
| Public reporting promotes accountability | Whistleblower protection still inadequate |
📝 Conclusion
The Lokpal is a crucial institution in India’s framework to uphold accountability, integrity, and transparency in public life. While it has wide powers—investigative, supervisory, and quasi-judicial—its effective functioning depends on timely appointments, strong leadership, and political will. The case laws reflect judicial push to strengthen and implement the Lokpal mechanism, but much depends on institutional support and public trust.
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