Lokpal: The Lokpal Act 2013:

Lokpal

The name of former Supreme Court judge justice Pinaki Chandra Ghosh has been cleared by the Lokpal selection committee headed by the Prime Minister.

Highlights of the Lokpal Act 2013:

• The act allows setting up of anti corruption ombudsman called Lokpal at the centre and lokayukt at the state level.
• Composition: The Lokpal will consist of a chairperson and a maximum of eight members.
• Applicability: The Lokpal will cover all categories of public servants including the Prime Minister. But the armed forces do not come under the ambit of Lokpal.
• The act also incorporate provisions for attachment and confiscation of property acquired by corrupt means, even while the prosecution is pending.
• The states will have to Institute lokayukt within one year of the commencement of the act.
• The act also ensures that who act as a whistleblower are protected.

Who can become the chairman ?

➥The person who is to be appointed as the chairperson of the Lokpal should be either of the following: Either the former Chief Justice of India or the former judge of Supreme Court or an eminent person with impeccable integrity and outstanding ability, knowledge and expertise of minimum 2 5 years in the meters relating to anti corruption policy, public administration, vigilance, finance including insurance and banking, law and Management.

Who can become a member ?

• Out of the maximum eight members, half will be judicial members.
• Minimum 50% of the members will be from SC/ST/OBC/ minorities and women.
• The judicial member of the Lokpal should be either of former judge of the supreme court or former Chief Justice of High Court.
• The non judicial member should be an eminent person with impeccable integrity and outstanding ability, having special knowledge and expertise of minimum 25 years in the matters relating to anti corruption policy,public administration, vigilance, finance including insurance and banking, law and Management.

Term of office:

• The term of office for Lokpal Chairman and members is 5 years or till attaining age of 70 years.
• The salary, allowances and other conditions of service of chairperson are equivalent to Chief Justice of India and members is equal to judge of Supreme Court.
• The source of salary for Lokpal and members is consolidated fund of India.
• If the chairperson died in office or has resigned from the post, president can authorise the senior most member to act as the chairperson until new chairperson is appointed.

Powers:

• The Lokpal will have the power of superintendence and direction over agency including CBI for cases referred to them by the ombudsman.
• As per the act, the Lokpal can summon or question any public servant if there exist a prima facie case against the person, even before an investigation agency has begin the probe.
• Any officer of the CBI investigating a case referred to it by the Lokpal, shall not be transferred without the approval of the lokpal.
• An investigation must be completed within 6 months. however, the Lokpalor lokayukt May Allow extensions of 6 months at a time provided the reasons for the need of such extensions are given in the writing.
• Special quotes will be instituted to conduct trials on case referred by Lokpal.