The Lokpal is an anti-corruption body in India composed of a maximum of 8 members, half of which must be judicial members. It has jurisdiction to investigate allegations of corruption against certain public servants, including the Prime Minister, Ministers, Members of Parliament, and high-ranking government officials. Complaints are first subjected to a preliminary inquiry and may then be investigated by the Central Bureau of Investigation or other agencies. If evidence of corruption is found, the Lokpal can sanction prosecution in special courts established under the Lokpal Act. The Lokpal has wide-ranging powers to investigate complaints, attach properties, and recommend the suspension of accused public servants.

1. About The Lokpal

2. • The “Lokpal” is a body of a
maximum limit of 8 members
out of which half of them
should be Judicial Members.
About The
Lokpal [S.3]
• A Judicial Member - is/was
Judge of SC, CJ of a HC.
• The Chairperson-is/was CJI,
Judge SC or an eminent person.
1/9/2014
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3. Process For
Appointing
Chairperson/
Member [S.4]
1/9/2014
• Chairperson/Members appointedPresident after- obtaining
recommendations-Selection
Committee.
The Selection Committee consists
of1. PM as Chairperson,
2. Speaker of LS,
3. Leader of Opp. in LS,
4. CJI or Judge of SC nominated by
him,
5. One eminent jurist.
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4. • A Search Committee
(7persons)- constitutedSelection Comm.
Process For
Appointing
Chairperson/
Member [S.4]
• They help the Sel. Comm. to
select Chairperson and
Members.
• Selection Comm. may consider
persons other than people
recommended by the Search
Comm.
• No appointment shall be invalid
because of any vacancy in the
Sel. Comm.
1/9/2014
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5. • Chairperson/Members shall
not be-
Eligibility For
Appointment
As Chairman/
Member
[S.3(4)]
1/9/2014
• 1) Less than 45years of age
• 2) Hold an office of trust or
profit
• 3) MP or MLA/C of state or
UT.
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6. • 4) Carry on any
business/profession
Eligibility For
Appointment
As Chairman/
Member
[S.3(4)]
• 5) Convicted for an offence.
• 6) Be affiliated to a pol. Party
• 7) Dismissed or removed from
the service of Union or State

7. S.14
(1) Lokpal shall inquire into any
allegations against such
persons who-
Jurisdiction
[S.14-19]
(a) Was/is PMLokpal shall not inquire into
such allegation against PM
in(i) Matters relation to Int.
Rel., Int. & Ext. Security,
Public Order, Atomic
Energy, Space.
1/9/2014
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8. (ii) A Full Bench- considerinitiation of inquiry
Jurisdiction
[S.14-19]
(Approval of 2/3rd members of Lokpal
required to proceed with an inquiry
against the PM.)
• If Lokpal decides to dismiss
the complaint then the
records of such inquiry
should not me published or
made available to any person.
(Such inquiry to be held in camera)

9. b) was/is Union Minister.
c) was/is MP
Jurisdiction
[S.14-19]
d) Group ‘A’ or ‘B’ officers defined
in PCA,1988.
e) Group ‘C’ or ‘D’ officers defined
in PCA,1988.
1/9/2014
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10. Jurisdiction
[S.14-19]
1/9/2014
f) was/is
Chairperson/member/officer/e
mployee of Govt.
Controlled/Financed/Statutory
body.
• If the body was created by state
legislature or is controlled by
State Govt. Lokpal shall obtain
their consent.
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11. Jurisdiction
[S.14-19]
• g) was/is
director/manager/secretary/
officer of Govt.
Controlled/Financed/Statuto
ry body & whose annual
income exceeds the amount
specified by the Cent. Govt.

12. Jurisdiction
[S.14-19]
h) was/is
director/manager/secretary/offi
cer of a body receiving donation
from foreign source under
Foreign Contribution
(Regulation) Act, 2010 in excess
of 1lakh or a higher amount
specified by the Cent. Govt.
(Persons referred to in the clause shall be
deemed to be Public Servants under
PCA,1988.)
1/9/2014
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13. (2) Lokpal- Bar to inquire- MPanything said or vote given- In
Parliament or a committee set
up by them.
Jurisdiction
[S.14-19]
(3) Lokpal can inquire- against
persons- for abetting,
giving/taking bribe, conspiracy
in relation to an offence under
PCA,1988.
(If a person is working for the State
Government, Lokpal will need to obtain
State Govt. consent.)
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14. • (4) No inquiry to be referred
under Commission of Inquiries
Act,1952
Jurisdiction
[S.14-19]
• Only complaints relating to
Public Servants while he was in
office shall be entertained by
the Lokpal
S.15
• Cases already pending before
another authority, before the
establishment of Lokpal, shall
continue to be dealt with such
authority.
1/9/2014
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15. 1)(a) Jurisdiction of Lokpal may
be exercised by benches.
Benches Of
Lokpal [S.16]
(b) It is constituted by the
Chairperson with two or more
members as he may deem fit.
(c) Every bench shall ordinarily
consist of one Judicial Member.
(d) Bench consists- of
Chairperson- presided over by
him.
1/9/2014
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16. Benches Of
Lokpal
[S.17]
1/9/2014
(e) A bench- consists of JM & a
Member other than JM(not
being a chairperson) the bench
shall be presided by the JM.
(f) Benches of Lokpal shall
ordinarily sit at New Delhi and
at such other places as the
Lokpal may specify.
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17. 2) The Lokpal shall notify the
areas in relation to which each
bench of Lokpal may exercise
Jurisdiction.
Benches Of
Lokpal
[S.16/17]
3) The Chairperson has the power
to constitute and re-constitute
benches.
S.17
• The Chairperson may make
provisions as to distribution of
business of Lokpal amongst
benches and for matters to be
dealt by them.

18. Benches Of
Lokpal
[S.19]
1/9/2014
S.19
• If a bench consisting of even no.
of members differ on any point
or points then the Chairperson
may hear the points himself or
refer it to one or more members
and the differences shall be
settled by way of majority.
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19. Procedure to
be followed by
Lokpal
[S.20-24]
• The Lokpal on receipt of
complaint may order a Prelim
Inquiry by the Inquiry Wing or
may order investigation by CBI
or any agency.
• Prelim Inquiry report should be
completed within 90days with a
further extension of 90days.
• Investigation shall be completed
ordinarily within a period of 6
months with a further extension
of 6 months.

20. •
Procedure to
be followed by
Lokpal
[S.20-24]
A bench of min. 3 members
may grant sanction to Prosec.
Wing/Invest. Agency after
considering report to file charge
sheet or direct closure of report.
• After filing charge sheet it may
order Prosec. Wing/Invest.
Agency to initiate Prosecution.
• The manner and procedure for
conducting Prelim.
Inquiry/Invest. shall be
specified by regulations.

21. S.21
Lokpal at any stage of
proceeding a) Order inquiry into conduct of
any person,
b) If reputation of any person is
likely to be affected by prilim
inquiry.
•
Procedure to
be followed by
Lokpal
[S.20-24]
•
Then the Lokpal shall give that
person a reasonable
opportunity to be heard and to
produce evidence in his
defence.

22. Procedure to
be followed by
Lokpal
[S.20-24]
S.22
• No prosecution shall be initiated
against any Public Servant
accused of an offence done in
his official capacity while
discharging his official duty.
(No court shall take cognizance without
prior sanction of Lokpal)
S.24
• After conclusion of
investigation Lokpal may file a
case in the Special Court and
shall send a copy of the report
with the findings of the
competent authority.

23. Powers of
Lokpal
[S.25-34]
• Notwithstanding anything in
Delhi Special Police
Establishment Act, 1946 and
CVC Act ,2003 may give
direction to CBI or any agency
in respect of matters referred by
Lokpal for prilim
inquiry/investigation.
• However they shall not require
any agency to investigate and
dispose of any case in a
particular manner.

24. • CVC shall send a statement to
Lokpal in respect of action
taken on complaint and Lokpal
may issue guidelines for
expeditious disposal of case.
Powers of
Lokpal
[S.25-34]
• Any officer of CBI or any agency
investigating a case for Lokpal
shall not be transfered without
Lokpals approval.
• Central Government may make
available such funds as may be
required by the director of CBI
or any agency.

25. S.26
Powers of
Lokpal
[S.25-34]
• If Lokpal has reason to believe
for investigation that any
document is secreted at any
place then it may authorize any
agency to whom investigation is
given to search and seize such
documents and it may also
retain such document till the
investigation is completed.
(If such document is to be returned then it
may duly retain a copy of such document
after authentication.)

26. Powers of
Lokpal
[S.25-34]
S.27
• For the purpose of prilim
inquiry the Inquiry Wing shall
have powers of Civil Court
under CPC, 1908 in matters
namelyi. Summoning and enforcing the
attendance of the accussed
ii. Discovery and production of
documents
iii. Evidence of affidavit
iv. Requisitioning records from
any court/office.
v. Commission for examining
witness/documents.

27. • Every proceeding before the Lokpal
shall be deemed to be Judicial
Proceedings as per S.193 IPC,1860
S.28
Powers of
Lokpal
[S.25-34]
•
The Lokpal for the purpose of
Prilim Inquiry/Investigation may
utilize the service of any
officer/organisation/agency of
Centre/State Government.
S.29
• The Lokpal or officer authorized by
it may by order in writing to attach
a property of a person who is-

28. a) In possession of any
proceeds of corruption
Powers of
Lokpal
[S.25-34]
b) Accused of committing an
offence relating to
corruption
c) Likely to conceal, transfer
or deal with such proceeds
which may frustrate any
proceedings against them.

29. Powers of
Lokpal
[S.25-34]
• The order of attachment shall
not exceed a period of 90 days
or any such period as the
Special Court may deem fit.
(Nothing in this section shall prevent a
person interested in the enjoyment of
immoveable property.)

30. S. 30
Powers of
Lokpal
[S.25-34]
• On the attachment of property
the Prosec Wing shall file an
application for confirmation of
attachment within 30 days
before the Special Court.
• The Special Court shall confirm
the attachment if it believes the
property is acquired through
means of corruption.
(On conviction/acquittal the Special
Court shall confiscate/restore
such property attached.)

31. S.31
Powers of
Lokpal
[S.25-34]
• On prima facie evidence the
Special Court have reasons to
believe that assets/proceeds etc
are procured by means of
corruption then it shall
authorize their confestication
until acquittal.
• Where on acquittal or
modification/annulment of
such order by the HC such
assets/proceeds shall be
returned in case its not possible
the Public Servant shall be paid
the price with interest of 5%
p.a.

32. S.31
Powers of
Lokpal
[S.25-34]
• The Lokpal while making prilim
inquiry may recommend the
Central Government to transfer
or suspend the Pub. Serv. from
the post till such period
specified and the Cent. Gov.
shall accept such
recommendation except for
reason in writing.
S.34
•
The Lokpal may direct that any
of its administrative/ financial
power may also be exercised its
members/officers/employees as
may be specified in the order.

33. THANKING YOU
Presentation Made By-
Interns (India Vision Foundation)
Pranesh Misra, BBA/LLB
Symbiosis Law School,
Pune- 411016
Guided By- Dr. Kiran Bedi