The Lokpal and Lokayuktas Act 2013

The Lokpal and Lokayuktas Act 2013

  • Context:

  • The Supreme Court of India recently stayed a Delhi High Court order that had directed the Lokpal to grant sanction to the Central Bureau of Investigation (CBI) to file a chargesheet against Trinamool Congress (TMC) MP Mahua Moitra.

  • The core issue revolves around the interplay between Sections 20(7)(a) and 20(8) of the Lokpal Act.

  • The Supreme Court expressed prima facie doubts about the High Court's interpretation, examining whether the anti-corruption ombudsman must pass a composite order or follow distinct stages before sanctioning an investigating agency to file a formal chargesheet.

  • The Lokpal and Lokayuktas Act 2013:

  • The Lokpal and Lokayuktas Act, 2013, is a landmark anti-corruption legislation that came into force on January 1, 2014

  • It established the independent institution of the Lokpal to inquire into allegations of corruption against public functionaries.

  • The body officially began functioning on March 27, 2019, following the appointment of its chairperson and members.

  • Against Whom a Complaint Can Be Filed:

  • The jurisdiction of the Lokpal is extensive.

  • Complaints can be filed against the Prime Minister (with specific subject-matter exclusions like international relations, space, and security), current and former Union Ministers, Members of Parliament (MPs), and all categories of public servants (Groups A, B, C, and D officers of the Central Government).

  • It also covers directors and employees of organizations or trusts fully or partly financed by the central government.

  • Key Statutory Officers:

  • To discharge its statutory functions, the Act mandates the creation of two critical wings:

  • Director of Inquiry:

  • Under Section 11 of the Act, the Lokpal is obligated to constitute an inquiry wing led by a 'Director of Inquiry' to conduct preliminary inquiries into corruption-related offences.

  • Director of Prosecution:

  • The Act also provisions for a separate prosecution wing headed by a 'Director of Prosecution' to manage the prosecution of public servants.

  • Current Status:

  • A Parliamentary committee recently noted that the appointment of the Director of Inquiry is still in process, and present matters relating to prosecution are actively being handled through the CBI, which utilizes its own internal prosecution mechanism.