INDIA’S FIRST LOKPAL:JUSTICE PINAKI CHANDRA GHOSE

Former Supreme Court judge Justice Pinaki Chandra Ghose was appointed as the country’s first Lokpal, the anti-corruption ombudsman.

The Lokpal and Lokayukta Act, which envisages appointment of a Lokpal at the Centre and Lokayuktas in states to look into cases of corruption against certain categories of public servants, was passed in 2013.According to the rules, there is provision for a chairperson and a maximum of eight members in the Lokpal panel. Of these, four need to be judicial members.
The Lokpal selection committee is headed by the prime minister and has as its members the Lok Sabha Speaker, leader of the opposition in the Lower House,  Chief Justice of India or a judge of the apex court nominated by him, and an eminent jurist who could be nominated by the president or any other member. 
The Lokpal is envisaged as a national ant-corruption ombudsman having powers to deal with corruption allegations against any person who is or has been a Prime Minister or a Union Minister, and also central government employees in Groups A, B,C and D. It will have its own inquiry wing and prosecution wing, and has powers to supervise investigation by CBI. The Act has provisions for establishment of Special Courts for trying the offences.
Term of Office:

  • The term of office for Lokpal Chairman and Members is 5 years or till attaining age of 70 years.
  • The salary, allowances and other conditions of service of chairperson are equivalent to Chief Justice of India and members is equivalent to Judge of Supreme Court. If the person is already getting the pension (for being a former judge), the equivalent pension amount will be deducted from the salary.
  • The source of salary for Lokpal and Members is Consolidated Fund of India.
  • If the chairperson dies in office or has resigned from the post, President can authorise the senior-most Member to act as the Chairperson until new chairperson is appointed. If chairperson is not available for certain functions due to leave, his job will be done by senior most member.

Powers:

  • The Lokpal will have the power of superintendence and direction over any investigation agency including CBI for cases referred to them by the ombudsman.
  • As per the Act, the Lokpal can summon or question any public servant if there exists a prima facie case against the person, even before an investigation agency (such as vigilance or CBI) has begun the probe. Any officer of the CBI investigating a case referred to it by the Lokpal, shall not be transferred without the approval of the Lokpal.
  • An investigation must be completed within six months. However, the Lokpal or Lokayukta may allow extensions of six months at a time provided the reasons for the need of such extensions are given in writing.
  • Special courts will be instituted to conduct trials on cases referred by Lokpal.

0 Comments

Leave a Comment

Login

Welcome! Login in to your account

Remember me Lost your password?

Lost Password