Source: TOI
Context: The Supreme Court stayed a Lokpal order bringing High Court judges under its jurisdiction while terming the top anti-corruption ombudsman’s interpretation “very disturbing”.
About Lokpal:
- What is Lokpal?
- Lokpal is an anti-corruption ombudsman established to investigate allegations of corruption against public officials, including the Prime Minister, Ministers, Members of Parliament, and government employees.
- Establishment and Origin:
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- Origin: The concept of an ombudsman originated in Sweden in 1809. In India, the idea was first proposed in Parliament by former Law Minister Ashok Kumar Sen in the 1960s.
- Term Coined: Dr. L.M. Singhvi introduced the terms “Lokpal” and “Lokayukta” in 1963.
- Legislation: The Lokpal and Lokayuktas Act was passed in 2013 following the Anna Hazare-led India Against Corruption (IAC) movement.
- Structure of the Organisation:
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- Composition: A chairperson and up to eight members, with 50% being judicial members.
- Selection Committee: Includes the Prime Minister, Lok Sabha Speaker, Leader of Opposition, Chief Justice of India, and an eminent jurist.
- Jurisdiction: Covers the Prime Minister, Ministers, MPs, and government employees (Groups A, B, C, D). It also includes officials of boards, corporations, and NGOs receiving foreign contributions above ₹10 lakh annually.
- Powers and Functions:
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- Investigation: Can refer cases to investigative agencies like the CBI and supervise their work.
- Preliminary Inquiry: Conducts inquiries within 60 days and decides on further action.
- Search and Seizure: Has powers under the Civil Procedure Code for investigations.
- Asset Attachment: Can attach assets of accused public servants.
- Prosecution Sanction: Grants sanction for prosecution based on investigation reports.
- Exemptions:
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- Sitting judges of constitutional courts require prior consultation with the Chief Justice of India (CJI) before any criminal proceedings.
- The CJI is consulted if allegations involve a Supreme Court judge.
