1.

Explain the organization and functions of Lokpal.

Answer»

The Movement ‘India against corruption’ was led by Anna Hazare in 2011. Demands from various Civil Society Organizations for an Indian Ombudsman compelled the Union Government to introduce the bill again in 2012. Finally, the bill became an Act on 1st January 2014.

Organisation: The Institution of Lokpal consists of 9 members including the Chairman. Retired Chief Justice of India or sitting Supreme Court judge is eligible to head the Institution. Of the 8 members, 4 should be judges of either Supreme Court or High Courts. The remaining must possess minimum 25 years of experience in vigilance Commission. They must be apolitical. Adequate representation must be given to SCs, STs, BCs, Minorities, and Women.

The panel consists of Prime Minister, Speakers and leader of opposition in Lok Sabha, Chief Justice of India and an eminent jurist. Their tenure is 5 years. They can be removed by the President after an enquiry conducted by the Supreme Court for any misconduct or allegations.

The jurisdiction of Lokpal covers office holders of Union Government including the Prime Minister, Ministers, MPs, and State Legislators.

Powers and Functions:

1. Lokpal has the power to sanction prosecution against public servants and to register cases against corrupt officials. Permission of Government or departmental heads is not necessary. 

2. All organizations receiving donations from foreign sources come under the jurisdiction of Lokpal. 

3. Lokpal has the power of superintendence over any probe agency for cases referred by it. 

4. Provision is included for confiscation and attachment of property acquired by corrupt means. 

5. If the corruption charges are proved, the concerned officials have to undergo 2 years jail term. 

6. The State Governments have to appoint Lokayukta within one year from commencement of the Lokpal act. They are free to make some changes.



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