Difference Between Lokpal and Lokayukta: Current Affairs Booster for UPSC IAS

Do you know what is the difference between Lokpal and Lokayukta act? The act was passed in 2013. As mentioned in the act Public officers, Ministers and even the Prime Minister can also be charged for practising corruption. That is why this topic becomes important for the UPSC IAS exam. Read the article till the end to know all about it.

What is Lokpal?

Lokpal is an anti-corruption organization or “Ombudsman” made to specially deal with the cases of corruption against alleged administrative as well as legislative officers.

The Motto of Lokpal in English is translated as: “Don’t be greedy for anyone’s wealth”

What is Lokayukta?

• Every state has to constitute a body named as Lokayukta to deal with the complaint of corruption against state public servant under section 63 of the Lokpal and Lokayukta Act, 2013
• Some states like Jammu & Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Puducherry, Tamil Nadu, Telangana, Tripura, West Bengal, and Arunachal Pradesh have not appointed any Lokayukta yet.

Difference Between Lokpal and Lokayukta

Lokpal	Lokayukta
It is constituted at the national level. All the committee members should be employees of the central government or members of parliament. The members are appointed by the President. The committee members have eight members and a Chairperson	It is constituted at the state level. All the committee members should be employees of the state government or members of the legislative assembly. The members are appointed by the Governor. Consist of a three-member body.

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Lokayukta:

• The organizational structure of Lokayukta is different in every state.
• The three-member body consists of :

1. Lokayukta
2. State Vigilance Commissioner
3. Jurist

• Before the implementation of the Lokpal and Lokayukta Act, some of the state governments had already established Lokayukta. Maharashtra was the first to do so.

Who is Appointed as Lokayukta (Head of the Body)?

• The person has to be Judge of the Supreme court of Judge of the High Court.
• Should have been nominated by the Governor itself.

Who is Appointed as Lokpal of India (Chairman)?

•  The nominated person should be a  former Supreme Court Judge or Chief Justice of India (CJI) or an eminent person with at least 25 years of experience in the area of anti-corruption policy, public administration, etc.
• The current Lokpal of India is former Supreme Court Judge, Pinaki Ghose.
• The tenure of Lokpal chairman is for five years or until he or she reaches the age of 70, whichever comes first.
• The Lokpal of India is selected by a committee of five members. These members are as follows:

1.   Prime Minister
2.   Lok Sabha speaker
3.   Chief Justice of India (CJI)
4.   Leader of Opposition (LoP)
5.   An eminent Jurist nominated by the President

How Lokpal Functions?

•  As the complainant is received Lokpal can order to begin with the preliminary inquiry with help of an investigation agency such as CBI.
•  This inquiry should be completed in 60 days followed by submission of the report to Lokpal.
• Alleged government employees must be given a chance to explain his or her side.
• A full investigation is only ordered by the Lokpal committee if they are convinced with the submitted report and not satisfied after hearing the alleged officer’s statement.
• Post investigation the report is again submitted to Lokpal as well as to the appropriate jurisdiction.
• The Lokpal is granted with the following jurisdictions for investigation,

Ø    to search and seizure

Ø   to the attachment of assets

Ø  To summon a witness or document.

Ø  Also, Authorities mentioned under the Civil Producer Code.

Exceptions of Lokpal Act:

• The allegation against the Prime Minister is regarding international affairs, external and internal security, public order, and space are prohibited.
•  There should be approval of at least two-thirds of the committee members for initiation of inquiry against the PM.
•  If the committee members approve such an inquiry, then it should be held in camera.
• If the charge against the PM is dismissed by the committee, then all the records shall be made confidential.

Conclusion

The main difference between Lokpal and Lokayukta is that the Lokpal is constituted at the national level and Lokayukta is constituted at the state level. If the complaint is against the Prime Minister, the Lokpal has to follow certain protocols to proceed.

There are still many states who have not yet appointed the Lokayukta.

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