Lokpal and Lokayuktas Act, 2013: Composition, Selection, Jurisdiction and Weaknesses (UPSC Notes + PYQs)

Background: the ombudsman idea

The ombudsman began in Sweden in 1809 as an officer who heard citizens’ complaints against the administration. Finland, Denmark, Norway, New Zealand and the United Kingdom followed. In India, L.M. Singhvi coined the terms Lokpal and Lokayukta in 1963, and the First Administrative Reforms Commission under Morarji Desai recommended both bodies in 1966. A Lokpal Bill was introduced eight times between 1968 and 2011, but each lapsed or was dropped. The breakthrough came after the anti-corruption movement of 2011 led by Anna Hazare, which put the demand at the centre of national debate. The Lokpal and Lokayuktas Act, 2013 received assent on 1 January 2014, and the first Chairperson, Justice Pinaki Chandra Ghose, took office in March 2019.

A long road

The term “Lokpal” was coined by L.M. Singhvi in 1963. The First Administrative Reforms Commission (1966) recommended a Lokpal and Lokayuktas; Bills lapsed eight times between 1968 and 2011. The 2011 India Against Corruption movement finally pushed Parliament to pass the Act in December 2013. Maharashtra had set up a Lokayukta back in 1971.

Composition and selection

• Chairperson: a former CJI, Supreme Court judge, or an eminent person with 25 years’ anti-corruption expertise.
• Up to eight members; at least 50% judicial, and at least 50% from SC, ST, OBC, minorities and women.
• Selection committee: Prime Minister, Lok Sabha Speaker, Leader of the Opposition (or largest opposition party leader), the CJI or a judge nominated by the CJI, and an eminent jurist.
• Term five years or age 70.

Jurisdiction

Covers the Prime Minister (except on international relations, security, public order, atomic energy and space; inquiry needs a full bench and two-thirds approval, held in camera), ministers, MPs, Group A to D officers, and bodies receiving government funds or foreign contributions above set limits. It can order the CBI to investigate and has its own inquiry and prosecution wings on paper.

Working record

Justice Pinaki Chandra Ghose became the first Lokpal in March 2019; Justice A.M. Khanwilkar took over in 2024. Most complaints have been rejected for not being in the prescribed format. The prosecution wing took years to staff, so the Lokpal leans on the CBI and CVC. In 2025 the Supreme Court stayed a Lokpal order that had treated sitting High Court judges as within its reach.

Lokpal, CVC and CBI: who does what

Lokayuktas and reform

Section 63 asked every State to set up a Lokayukta within a year. Most have, but powers differ widely; Karnataka’s was among the strongest when Justice Santosh Hegde’s report on illegal mining came out in 2011. Reform ideas: independent investigation staff, simpler complaint rules, time-bound sanction for prosecution, and coverage of the Prevention of Corruption Act amendments of 2018.

Prime Minister and safeguards

The Act brings the Prime Minister within the Lokpal’s reach, but with careful limits. An allegation relating to international relations, external or internal security, public order, atomic energy or space cannot be inquired into. Any other complaint against the Prime Minister can be taken up only if the full bench of the Lokpal considers it and at least two-thirds of the members agree. The inquiry is held in camera, and if the complaint is dismissed, the records are not published. These rules try to balance accountability with the need to protect the head of government from frivolous or politically motivated complaints. Members of Parliament are covered too, but not for anything said or any vote given in the House, which is protected by Article 105.

Strengths and weaknesses

For Mains, link the Lokpal with other parts of the integrity framework: the Prevention of Corruption Act as amended in 2018, the Whistle Blowers Protection Act 2014, the CVC, and State Lokayuktas. An ombudsman works only when it is independent, adequately staffed and trusted by citizens.

How a complaint is handled

A complaint to the Lokpal must be filed in the prescribed form, with an affidavit and supporting details. The Lokpal first scrutinises it and may close it if it is vague, outside jurisdiction or already being handled elsewhere. If there is a case to look into, it orders a preliminary inquiry through its own Inquiry Wing or through an agency such as the CBI or, for lower-level officials, the CVC. The public servant gets a chance to be heard at this stage. If a prima facie case emerges, the Lokpal orders a full investigation, departmental proceedings, or closure. After investigation, it can direct its Prosecution Wing or the agency to file a charge sheet before a Special Court. The Act prescribes time limits for each stage, and Special Courts are expected to finish trials within a year, extendable to two. Property acquired through corruption can be provisionally attached during the process and confiscated on conviction.

The design reflects a lesson from earlier vigilance systems: inquiry without power to prosecute produces reports that gather dust. By joining inquiry, investigation and prosecution under one supervising body, the Act tries to close that gap.

Lokpal: UPSC angle

Lokpal UPSC PYQs (Prelims)

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