Lokpal

Lokpal

Context: The Lokpal, in a full Bench judgment, has disposed of all three complaints against Madhabi Puri Buch, former Chairperson of the Securities & Exchange Board of India (SEBI), in the Hindenburg case, bringing major relief for her and the market regulator.

 Important Pointers: 

  • Composition: Lokpal consists of 1 Chairperson and up to 8 Members, of whom 50% must be Judicial Members

  •  Social Representation: At least 50% of the Members must belong to SCs, STs, OBCs, Minorities, and Women

  • Chairperson Eligibility: Must be a sitting or retired Chief Justice of India, Judge of the Supreme Court, or an eminent person with integrity. 

  •  Judicial Member Eligibility: Must be a sitting or retired Judge of the Supreme Court or Chief Justice of a High Court

  • Other Member Eligibility: Must be an eminent person with at least 25 years of expertise in anti-corruption policy, public administration, vigilance, finance, law, banking, insurance, or management. 

Ineligibility Criteria: 

  • Minimum Age: A person below 45 years is not eligible. 

  • Conviction: Anyone convicted of an offence involving moral turpitude is ineligible. 

  • Public Office: A person holding an office of profit/trust or affiliated with any political party is disqualified. 

  •  Legislative Membership: Current Members of Parliament, State Legislature, or local bodies (Panchayat/Municipality) are ineligible. 

  •  Service Dismissal: A person removed or dismissed from service of the Union or State government is barred. 

Appointment & Tenure: 

  • Appointing Authority: Lokpal is appointed by the President of India

  • Term: Members hold office for 5 years or until 70 years of age, whichever is earlier. 

  •  Selection Committee

  • Prime Minister (Chairperson) 

  • Speaker of Lok Sabha 

  • Leader of Opposition or largest opposition party in Lok Sabha 

  • Chief Justice of India or a Supreme Court Judge nominated by the CJI 

  • One eminent jurist nominated by the President 

Jurisdiction: 

  • Covers: Prime Minister, Ministers, MPs, and Group A, B, C, and D officers of the Central Government. 

  • Exclusions: PM is not under jurisdiction in matters of: 

  • international relations 

  • External/internal security 

  • Public order 

  • Atomic energy 

  • Space 

Powers and Functions: 

  • Supervisory Authority: Exercises superintendence over the Central Bureau of Investigation (CBI) for cases referred to it. 

  •  Investigative Powers: Can authorize search and seizure of documents related to corruption cases. 

  • Civil Court Powers: Enjoys powers of a civil court under the Civil Procedure Code, 1908 for inquiry purposes. 

  •  Coordination with Central Vigilance Commission (CVC): CVC reports to Lokpal on complaints referred; Lokpal can issue guidelines for effective action.