Establishment of Lokpal (LLA, 2013)

The Parliament of India enacted the Lokpal And Lokayukta Act, 2013 (LLA) to constitute a Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption against certain public functionaries.

The Lokpal has the jurisdiction to inquire into all complaints arising from the Prevention of Corruption Act against certain public functionaries, including an incumbent or past Prime Minister, an incumbent or past Union Minister and any person who is or has been a member of Parliament.

The LLA provides that after the completion of investigation with respect to a complaint under the PCA, the Lokpal can itself initiate prosecution against the accused and/or impose penalties via its prosecution wing or initiate prosecution in the special court proposed to be established to try offences under the PCA.

Establishment of Lokpal (Section 3 of LLA, 2013):

The Lokpal shall consist of–
(a) a Chairperson, who is or has been a Chief Justice of India or is or has been a Judge of the Supreme Court or an eminent person who fulfills the eligibility specified in clause (b) of sub-section (3); and
(b) such number of Members, not exceeding eight out of whom fifty per cent. shall be Judicial Members: Provided that not less than fifty per cent. of the Members of the Lokpal shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities and women.

A person shall be eligible to be appointed,–
(a) as a Judicial Member if he is or has been a Judge of the Supreme Court or is or has been a Chief Justice of a High Court;
(b) as a Member other than a Judicial Member, if he is a person of impeccable integrity and outstanding ability having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.

The Chairperson or a Member shall not be–

• a member of Parliament or a member of the Legislature of any State or Union territory;
• a person convicted of any offence involving moral turpitude;
• a person of less than forty-five years of age, on the date of assuming office as the Chairperson or Member, as the case may be;
• a member of any Panchayat or Municipality;
• a person who has been removed or dismissed from the service of the Union or a State, and shall not hold any office of trust or profit (other than his office as the Chairperson or a Member) or be affiliated with any political party or carry on any business or practise any profession and, accordingly, before he enters upon his office, a person appointed as the Chairperson or a Member, as the case may be, shall, if–
  • he holds any office of trust or profit, resign from such office; or
  • he is carrying on any business, sever his connection with the conduct and management of such business; or
  • he is practicing any profession, cease to practice such profession.

Appointment of Chairperson and Members on recommendations of Selection Committee (Section 4 of LLA, 2013 ):

1. The Chairperson and Members shall be appointed by the President after obtaining the recommendations of a Selection Committee consisting of–
   • the Prime Minister–Chairperson;
   • the Speaker of the House of the People–Member;
   • the Leader of Opposition in the House of the People–Member;
   • the Chief Justice of India or a Judge of the Supreme Court nominated by him–Member;
   • one eminent jurist, as recommended by the Chairperson and Members referred to in clauses (a) to (d) above, to be nominated by the President–Member.
2. No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy in the Selection Committee.
3. The Selection Committee shall for the purposes of selecting the Chairperson and Members of the Lokpal and for preparing a panel of persons to be considered for appointment as such, constitute a Search Committee consisting of at least seven persons of standing and having special knowledge and expertise in the matters relating to anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law and management or in any other matter which, in the opinion of the Selection Committee, may be useful in making the selection of the Chairperson and Members of the Lokpal:
   • Provided that not less than fifty per cent. of the members of the Search Committee shall be
     from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other
     Backward Classes, Minorities and women:
   • Provided further that the Selection Committee may also consider any person other than the
     persons recommended by the Search Committee.
4. The Selection Committee shall regulate its own procedure in a transparent manner for selecting the Chairperson and Members of the Lokpal.
5. The term of the Search Committee referred to in sub-section (3), the fees and allowances payable to its members and the manner of selection of panel of names shall be such as may be prescribed.