UPSC GS Paper II: Governance, Lokpal and Lokayukta, Structure, Jurisdiction, Powers

Must?Know

• The Lokpal and Lokayukta Act, 2013, was enacted on 16 January 2014, following the 2011 anti-corruption movement led by Anna Hazare.
• Lokpal is a statutory body established under the Lokpal and Lokayukta Act, 2013; it is not a constitutional body like the Election Commission.
• The Lokpal has jurisdiction over public servants, including the Prime Minister, Ministers, MPs, and Group A officers of the Central Government.
• The Prime Minister is included under the Lokpal’s purview but with safeguards: complaints against PM relating to security, foreign relations, public order, and atomic energy are not entertained.
• The Lokpal consists of a Chairperson and up to eight members, of whom at least 50% must be judicial members.
• As per Section 3 of the Lokpal and Lokayukta Act, 2013, the Chairperson must be a person who has been a Chief Justice of India or a Judge of the Supreme Court, or an eminent person with anti-corruption expertise.
• The selection committee for Lokpal comprises the Prime Minister, Speaker of Lok Sabha, Leader of Opposition in Lok Sabha, Chief Justice of India (or a sitting SC Judge nominated), and an eminent jurist.
• The Lokpal’s jurisdiction does not extend to state government employees; they fall under the purview of Lokayuktas established by respective states.
• Lokayuktas are established by state legislatures under the Lokpal and Lokayukta Act, 2013, or separate state laws; their structure and powers vary across states.
• The Lokpal has the power to initiate investigations suo motu or on receipt of a complaint from any person against public servants for alleged corruption.
• The Lokpal can refer complaints to the Central Bureau of Investigation (CBI) for investigation under Section 6 of the DSPE Act, 1946, after preliminary inquiry.
• The Lokpal has the powers of a civil court under the Code of Civil Procedure, 1908, during investigations, including summoning, enforcing attendance, and discovery of documents.
• The Lokpal can recommend the transfer or suspension of a public servant under investigation, but the government may reject such recommendations with recorded reasons.
• The Lokpal’s inquiry against the Prime Minister is conducted in private and requires approval of two-thirds of the members of the Lokpal bench.
• The Act mandates that public servants must declare their assets and liabilities annually under Rule 3 of the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities) Rules, 2014.
• The Lokpal has the authority to confiscate assets, proceeds, receipts, and benefits derived from corruption under Section 13 of the Act, subject to judicial review.
• The Lokpal can impose penalties under Section 15 for false or vexatious complaints, including fines up to ?1 lakh.
• The Lokpal submits its annual report to the President, who places it before Parliament along with a government response.
• The first Chairperson of the Lokpal was Justice Pinaki Chandra Ghose, appointed in March 2019.
• As of 2023, 27 states have established Lokayuktas, but several like Tamil Nadu and West Bengal have laws predating the 2013 Act.
• The Supreme Court in Lupin Limited v. Union of India (2013) upheld the constitutional validity of the Lokpal and Lokayukta Act, 2013.
• The Department of Personnel and Training (DoPT) is the nodal agency for coordination between the Centre and states for implementation of the Act.
• The Lokpal has a Directorate of Inquiry and a Prosecution Wing to conduct investigations and file chargesheets in special courts.
• Special Courts for trial of offences under the Prevention of Corruption Act, 1988, are designated under Section 4(1) of the Lokpal Act to ensure time-bound trials.
• The Lokpal does not have jurisdiction over matters pending in courts or tribunals, nor can it review judicial decisions.

Difficulty Level

Intermediate – requires understanding of statutory framework, jurisdictional limits, and interplay with existing institutions like CBI and judiciary, frequently tested in prelims and mains.

Common UPSC Traps

Trap: Lokpal is a constitutional body like the Election Commission – Fact: Lokpal is a statutory body established under the Lokpal and Lokayukta Act, 2013, not a constitutional body (Article 315–323 deals with Union Public Service Commission, not Lokpal).

Trap: Lokpal has powers over state government officials – Fact: Lokpal’s jurisdiction is limited to central government officials; state officials are covered by Lokayuktas established under state laws or the 2013 Act.

Trap: The Prime Minister is entirely exempt from Lokpal’s jurisdiction – Fact: The Prime Minister is included under Lokpal’s jurisdiction but with specific exclusions related to sensitive domains (Section 4(2), Lokpal Act).

Trap: Lokayukta is mandatory in all states under the 2013 Act – Fact: While Section 62 of the Lokpal Act mandates states to establish Lokayuktas within one year, non-compliance has not led to central enforcement; it remains a state subject.

Practice MCQs

Question: Which of the following statements is correct regarding the composition of the Lokpal?
A) It consists of a Chairperson and up to ten members
B) At least 60% of its members must be judicial members
C) The Chairperson must be a former Chief Justice of India
D) The selection committee includes the Chief Justice of India or a nominee
Answer: D
Explanation: The selection committee includes the CJI or a sitting Supreme Court Judge nominated by the CJI, as per Section 4(2)(e) of the Lokpal Act.
Why others fail: Option A is incorrect because the maximum number of members is eight, not ten.

Question: Under the Lokpal and Lokayukta Act, 2013, who among the following is NOT within the jurisdiction of the Lokpal?
A) Cabinet Minister
B) Member of Parliament
C) Chief Secretary of a State Government
D) Prime Minister of India
Answer: C
Explanation: The Lokpal has jurisdiction over central government officials; state officials like Chief Secretary fall under state Lokayuktas.
Why others fail: Option D is tempting because of safeguards for the PM, but the PM is included in the jurisdiction.

Question: The power to initiate prosecution under the Prevention of Corruption Act, 1988, after investigation by CBI lies with:
A) Central Vigilance Commission
B) Lokpal
C) Ministry of Personnel
D) Central Bureau of Investigation
Answer: B
Explanation: The Lokpal must give directions to the CBI for prosecution under Section 6(8) of the DSPE Act, 1946, as amended.
Why others fail: Option A is incorrect because CVC recommends but cannot direct prosecution in corruption cases involving higher officials.

Question: Which of the following is a power conferred on the Lokpal under the 2013 Act?
A) Power to impeach judges
B) Power to dissolve Parliament
C) Power to confiscate property acquired through corruption
D) Power to appoint CBI Director
Answer: C
Explanation: Section 13 of the Lokpal Act allows confiscation of corruptly acquired property, subject to judicial review.
Why others fail: Option D is incorrect; the appointment of CBI Director is done by a committee under the DSPE Act, not the Lokpal.

Question: The annual report of the Lokpal is submitted to:
A) The Speaker of Lok Sabha
B) The President of India
C) The Prime Minister
D) The Chief Justice of India
Answer: B
Explanation: Section 46(1) of the Lokpal Act mandates submission of the annual report to the President, who places it before both Houses of Parliament.
Why others fail: Option A is incorrect because the Speaker receives reports related to parliamentary affairs, not statutory bodies like Lokpal.

Last?Minute Revision

• Lokpal established in 2014 under Lokpal and Lokayukta Act, 2013.
• First Lokpal Chairperson: Justice Pinaki Chandra Ghose (2019).
• Lokpal is a statutory, not constitutional, body.
• Selection committee: PM, LoP, Speaker, CJI (or nominee), eminent jurist.
• Lokpal has 1 Chairperson + up to 8 members.
• At least 4 members must be judicial (50%).
• Prime Minister is under Lokpal’s jurisdiction with exceptions.
• Excluded domains for PM: security, foreign relations, public order, atomic energy.
• Lokpal cannot investigate matters pending in court.
• Lokayuktas are for state-level public servants.
• 27 states have established Lokayuktas (as of 2023).
• Tamil Nadu had Lokayukta since 1971 (first state).
• Section 4(2), Lokpal Act – safeguards for PM.
• Section 6, DSPE Act – CBI investigation under Lokpal direction.
• Lokpal has powers of civil court under CPC.
• False complaint penalty: up to ?1 lakh (Section 15).
• Assets declaration mandatory under 2014 Rules.
• Special Courts for corruption cases under PC Act, 1988.
• Annual report to President under Section 46.
• Lupin Ltd v. Union of India (2013) – upheld validity of Lokpal Act.
• DoPT is nodal agency for Lokpal implementation.
• Lokpal cannot initiate CBI probe without preliminary inquiry.
• Government can reject Lokpal’s recommendation on officer suspension.
• Lokpal has suo motu powers under Section 14.
• West Bengal has no Lokayukta as of 2023 (verify from standard source).