Structure, Jurisdiction and Powers

Structure, Jurisdiction and Powers

Structure, Jurisdiction & Powers: Constitutional Basis

The Lokpal and Lokayuktas Act, 2013 states that “the Lokpal shall be an independent statutory body at the Central level and the Lokayuktas shall be independent statutory bodies at the State level for the investigation and prosecution of corruption cases against public functionaries.” The Act’s legislative competence stems from Union List entry 63 of the Seventh Schedule, which authorises Parliament to legislate on “prevention of corruption” (Art. 246(1), Constitution of India).

[!infographic: "Diagram of the Lokpal’s organisational structure showing the Chairperson and ten members, with icons for the reserved categories (women, SC/ST, economically weaker sections)"]<

The structure mandates a Chairperson and ten members—two women, two Scheduled‑Caste or Scheduled‑Tribe representatives, and two from economically weaker sections—appointed by a committee comprising the Prime Minister, Lok Sabha Speaker, Leader of Opposition, Chief Justice of India (or a Supreme Court Judge), and a High Court Chief Justice (Sec. 4, 2013 Act).

[!infographic: "Flowchart of the appointment committee showing the five appointing authorities and the selection process for the Lokpal Chairperson and members"]<

Jurisdiction covers the Prime Minister, Union Ministers, Members of Parliament, and all Union officers and servants as defined in Sec. 2(1)(c). Powers include summoning witnesses, enforcing attendance, examining documents, and prosecuting offences under Secs. 13–15, mirroring civil‑court investigative authority. The Lokpal may grant interim relief, direct departmental action, and refer cases to the Central Bureau of Investigation under Sec. 19. The body cannot adjudicate non‑corruption civil disputes nor formulate executive policy. It is not a court of law; its findings are reviewable by the Supreme Court under Art. 136 and by High Courts under Art. 226.

💡 Key Insight: The Lokpal’s decisions are subject to judicial review by the Supreme Court (Art. 136) and High Courts (Art. 226), underscoring its status as a statutory, not judicial, body.

Enforcement of its orders requires sanction from the competent authority, distinguishing it from an autonomous prosecutorial agency. As a statutory entity, amendment of the Act demands a simple parliamentary majority, unlike constitutional amendments that require the special majority prescribed in Art. 368.

📋 Classification: Core Powers of the Lokpal

Lokpal‑Lokayukta Constitutional Architecture

The Lokpal and Lokayuktas Act, 2013 (hereafter “the Act”) establishes a statutory anti‑corruption architecture anchored in Articles 14, 21 and 265 of the Constitution, which guarantee equality before law, protection of life and liberty, and the duty of the State to prevent exploitation of public resources. The Supreme Court’s directive in Vineet Narain v. Union of India (1998 SCR 1248) interpreted these provisions as obligating the legislature to create an independent body, thereby providing the judicial impetus for the Act.

Composition and Appointment – Section 4 mandates a Chairperson who must be a former Supreme Court or High Court judge, and up to eight members, at least 50 % drawn from the judiciary and the remainder from civil society, academia or the private sector. The Selection Committee (Sec.

Institutional Composition, Tenure and Functional Powers

The Lokpal and Lokayuktas Act, 2013 (hereinafter “the Act”) delineates a two‑tier anti‑corruption architecture: a Union‑wide Lokpal and state‑level Lokayuktas. Both tiers share a common structural template but differ in jurisdictional reach.

1. Composition and Appointment

• Chairperson: Must be a former Judge of the Supreme Court or a High Court (Sec. 4(1)).
• Members: Up to eight members; at least 50 % drawn from the judiciary, the remainder from civil society, academia, or the private sector (Sec. 4(2)).
• Selection Committee: Prime Minister, Speaker of the Lok Sabha, Leader of Opposition in the Lok Sabha, Chief Justice of India (or nominee), and an eminent jurist nominated by the CJI (Sec. 5). The Committee forwards a shortlist to the President, who appoints the Chairperson and members by warrant.
• Tenure: Five years or until the appointee attains 70 years of age, whichever is earlier (Sec. 6). Re‑appointment prohibited (Sec. 6).

State Lokayuktas follow the same template, with the Governor appointing the Chairperson and members on the recommendation of a state‑level Selection Committee mirroring the Union composition (model statutes of Karnataka 1984, Tamil Nadu 2018).

2. Jurisdictional Scope

The Act empowers the Lokpal to entertain complaints from any citizen, NGO, or any person with a direct interest (Sec. 7). Complaints may be filed electronically via the portal lokpal.nic.in, ensuring nationwide accessibility.

3. Investigative Powers

• Summons and Evidence: Authority to issue summons, require production of documents, and examine witnesses under oath (Sec. 9).
• Search and Seizure: Power to authorise search and seizure of records, subject to judicial oversight (Sec. 10).
• Suo Motu Inquiry: Can initiate investigation without a formal complaint if “reasonable suspicion” of corruption exists (Sec. 11).
• Coordination with CBI: May direct the Central Bureau of Investigation to conduct a probe after obtaining Central Government approval (Sec. 15).
• Assistance from Other Agencies: Can requisition assistance from the Central Vigilance Commission, Comptroller and Auditor General, and any other agency (Sec. 12).

4. Adjudicatory and Disciplinary Powers

• Provisional Orders: May issue interim orders to prevent the misuse of public office during investigation (Sec. 13).
• Penalties: Can impose a fine up to 10 % of the offender’s salary, order disgorgement of illicit gains, and recommend removal from service (Sec. 14).
• Referral to Courts: For offences punishable under the Indian Penal Code, the Lokpal forwards a charge sheet to the appropriate court (Sec. 16).
• Report Submission: Submits an annual report to the President, Parliament, and, for state Lokayuktas, the respective State Legislature (Sec. 18).

5. Removal and Accountability

• Removal Procedure: The President may remove the Chairperson or a member on the recommendation of a three‑member committee (Chief Justice of India, a senior Supreme Court judge, and a former Union Minister) after an inquiry by the Supreme Court (Sec. 20).
• Judicial Review: Orders of the Lokpal are subject to review under Article 32 of the Constitution; the Supreme Court has upheld this in Vineet Narain v. Union of India (1998 SCR 1248).

6. Interaction with Parallel Institutions

• The Lokpal’s investigative mandate complements the Central Vigilance Commission’s preventive oversight and the CBI’s prosecutorial capacity, creating a tri‑layered anti‑corruption regime

Structure, Jurisdiction and Powers — Evolution

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Structure, Jurisdiction and Powers — Significance

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