1. Whether the Lokpal and Lokayuktas Act, 2013 has come into force?
Yes, vide Gazette Notification No. S.O. 119(E) dated 16-01-2014, the Lokpal and Lokayuktas Act, 2013 (1 of 2014 has come into force from the said date. However, the institution of Lokpal is yet to become functional, since the Act needs some amendments, inter alia, so as to resolve certain issues relating to appointment of Chairperson and Members of Lokpal, etc. in the absence of a Leader of Opposition recognized as such in the Lok Sabha. For this purpose, a Bill has been introduced in Parliament and is currently under consideration of the Department Related Parliamentary Standing Committee on Personnel, Public Grievances and Law and Justice.
2. What are the Rules and Orders notified under the provisions of the Lokpal and Lokayuktas Act, 2013?
The Rules and Orders notified under the Act so far, are as follows:-
(a) The Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Rules, 2014 [notified vide Gazette. Notification No. G.S.R. 501(E) dated 14-07-2014 amended vide Notification No. GSR No. 638(E) dated 08-09-2014]
(b) The Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Second Amendment Rules, 2014. [notified vide Gazette Notification No. G.S.R. 9I8(E) dated 26-12-2014]
(c) Search Committee (Constitution, Terms and Conditions of appointment of members and the manner of selection of Panel of Names for appointment of Chairperson and Members of Lokpal) Rules, 2014. [notified vide Gazette Notification No. G.S.R. 31(E) dated 17-01-2014].
(d) Search Committee (Constitution, Terms and Conditions of appointment of members and the manner of selection of Panel of Names for appointment of Chairperson and Members of Lokpal) Amendment Rules, 2014. [notified vide Gazette Notification No. G.S.R. 620(E) dated 27-08- 2014]
(e) The Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014 [notified vide Gazette Notification No. S.O. 409(E) dated 15-02-2014 with subsequent amendments having been made vide Notifications No. S.O. 1840(E) dated 14-07-2014, No. S.O. 2256(E) dated 08-09-2014Â and No. S.O. 3272(E) dated 26-12-2014]
The rules and orders as referred to above can be accessed by clicking on the links above.
3. What is the jurisdiction of Lokpal in respect of Inquiry?
Please see Section 14 of the Lokpal and Lokayuktas Act, 2013 (I of 2014).
4. Whether the Lokpal and Lokayuktas Act, 2013 is applicable to the employees of State Governments?
In terms of provisions of section 14 of the Lokpal and Lokayuktas Act, 2013 the employees of the State Government are not covered unless they have served in connection with the affairs of the Union. The jurisdiction of the Lokpal will extend on the following categories of employees only after obtaining the consent of the concerned State Government. [proviso under section 14(1)(f) refers] inter alia, over the following categories of public servants referred to in section 14(1)(d) & (e):
“(d) any Group ‘A’ or Group ‘B’ officer or equivalent or above, from amongst the public servants defined in subclauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act, 1988 when serving or who has served, in connection with the affairs of the Union;
(e) any Group ‘C’ or Group ‘D’ official or equivalent, from amongst the public servants defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act, 1988 when serving or who has served in connection with the affairs of the Union subject to the provision of sub-section (1) of section 20;”.
Thus, it may be seen that the employees of the State Governments are not under the jurisdiction of the Lokpal. Further, under section 63 of the Act, the States are under an obligation to establish an institution of Lokayukta, by a law enacted by the State Legislature, if not already done so, within a period of one year from the coming into force of the Act. Employees of the State Government are, inter alia, to be covered under the jurisdiction of the respective Lokayuktas.
