Lokpal:
The Administrative Reforms
Commission (ARC) headed by Morarji Desai submitted a special interim report on
‘Problems of Redressal of Citizen’s Grievances’ in 1966. In this report the ARC
recommended the setting up of two special authorities designated as ‘Lokpal’
and ‘Lokayukta’ for the redressal of citizen’s grievances.
These institutions were to be set up
on the pattern of the institution of Ombudsman in Scandinavian countries and
the Parliamentary Commissioner for Investigation in New Zealand.
The Lokpal would deal with
complaints against ministers and secretaries at Central and state levels, and
the Lokayukta (one at the centre and one in every state) would deal with
complaints against other specified higher officials.
The Government of India accepted the
recommendations of ARC. So far, nine official attempts have been made to bring
about legislation on this subject. However, none of the bills were passed by
the Parliament due to one or other reasons. In 2011-12, owing to the public
pressure and pressing demands by Anna Hajare and his Jan Lokpal Movement the Government
again started rethinking on this issue and introduced a Lokpal Bill in the
Loksabha in 2012. It was passed in the
Loksabha but
Government failed clear it in the Rajya Sabha.
The purpose of the Lokpal and
Lokayuktas Bill, 2011, is to provide for the establishment of a body called the
Lokpal for the Centre and bodies called the Lokayukta for States to inquire
into allegations of corruption against certain public functionaries.
The Lokpal has the power to conduct
a preliminary inquiry, investigate and prosecute any offence brought to its
notice through an appropriately filed complaint. No special sanction is
required to initiate the investigation and prosecution.
The Lokpal has the power to summon
and examine any person as it deems necessary and even attach any property or
material it believes are “proceeds of offense”. It may also recommend
disciplinary action if the inquiry/investigation concludes that an offense was
committed.
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