Background
- Concept of Ombudsman originated in Sweden, 1809.
- In India:
- 1966 ARC Recommendation: Suggested Lokpal (Centre) and Lokayukta (States).
- 1968: First Lokpal Bill introduced (lapsed).
- Multiple failed attempts until Anna Hazare Movement (2011) pressured the govt.
- Act finally passed in 2013, came into force in 2014.
Constitutional Status
- Statutory Body under Lokpal and Lokayuktas Act, 2013.
- No Constitutional status.
Composition
| Feature | Details |
| Chairperson | Former CJI, SC Judge or eminent person |
| Members | Up to 8 members (50% Judicial) |
| Social Representation | 50% from SC/ST/OBC/Women/Minorities |
Selection Committee
- Chairperson: Prime Minister
- Members:
- Speaker of Lok Sabha
- Leader of Opposition (or largest party)
- CJI/nominee
- Eminent jurist nominated by President
Jurisdiction
- Covers:
- PM (with safeguards)
- Ministers
- MPs
- Central Government employees (Group A-D)
- NGOs receiving foreign donations > ₹10 lakh/year (under FCRA)
Powers and Functions
- Inquiry and Prosecution: Can direct any investigating agency, including CBI.
- Superintendence: Over agencies like CBI (via Section 8).
- CVC Empowerment:
- Sections 8A & 8B inserted in CVC Act.
- CVC can inquire into cases forwarded by Lokpal.
- Can Recommend: Disciplinary action and legal prosecution.
Amendment Act 2016
- Removed the 30-day asset declaration requirement.
- Allowed largest opposition party leader to be on the selection panel.
Limitations
- No suo-motu power to initiate investigation.
- 7-year limitation for lodging complaint.
- Anonymous complaints not allowed.
- Stringent penalty for false complaints (may deter whistle-blowers).
- No provision for full functional & financial independence.
Effectiveness – Critical Issues
-
- Delayed Appointments: Lokpal took 5 years post-enactment to be appointed.
- State Compliance Poor:
-
- Only a few states (Bihar, Odisha, Manipur, Tamil Nadu) have appointed full Lokayuktas.
- Many states have outdated/ineffective laws.
- Dependence on Central Govt agencies like CBI hampers independence
Way Forward
- Provide functional, financial & legal autonomy.
- Improve coordination with CVC and CBI.
- Enforce mandatory compliance by states.
- Encourage decentralised anti-corruption institutions.