Section 3 – Establishment, Composition and Eligibility of the Lokpal

(Lokpal and Lokayuktas Act, 2013)

Section 3 – Establishment of Lokpal

Statutory Provision

Section 3 of the Lokpal and Lokayuktas Act, 2013 provides for the establishment, composition, qualifications, eligibility, and disqualifications of the Lokpal.

It lays down who can become the Chairperson or Member of the Lokpal and prescribes the composition of this anti-corruption institution.

Meaning of Lokpal

The Lokpal is a multi-member statutory anti-corruption body established by the Central Government to inquire into allegations of corruption against specified public functionaries at the Union level.

It functions as an independent Ombudsman to promote transparency, accountability, and integrity in public administration.

Establishment of Lokpal

Section 3(1) states that:

From the commencement of the Lokpal and Lokayuktas Act, 2013, there shall be established a statutory body known as the Lokpal.
The Lokpal is established specifically for carrying out the purposes and objectives of the Act.

Composition of the Lokpal

According to Section 3(2), the Lokpal consists of:

One Chairperson
Not more than Eight Members

Therefore, the total strength of the Lokpal can be up to nine persons (1 Chairperson + Maximum 8 Members).

Reservation in Composition

The Act provides for social representation in the Lokpal.

Judicial Representation

At least 50% of the Members must be Judicial Members.

Social Representation

Not less than 50% of the total Members shall belong to:

Scheduled Castes (SC)
Scheduled Tribes (ST)
Other Backward Classes (OBC)
Minorities
Women

This provision ensures diversity and inclusive representation in the institution.

Qualifications of the Chairperson

A person is eligible to be appointed as the Chairperson of the Lokpal if he or she is:

1. Former Chief Justice of India

A person who is or has been the Chief Justice of India (CJI).

2. Former Judge of the Supreme Court

A person who is or has been a Judge of the Supreme Court of India.

3. Eminent Person

A person of:

Impeccable integrity
Outstanding ability

having:

Special knowledge, and
At least 25 years’ experience

in one or more of the following fields:

Anti-corruption policy
Public administration
Vigilance
Finance (including banking and insurance)
Law
Management

Qualifications of Judicial Members

A Judicial Member must be:

A person who is or has been a Judge of the Supreme Court, or
A person who is or has been the Chief Justice of a High Court.

Judicial Members provide legal expertise in deciding corruption-related matters.

Qualifications of Non-Judicial Members

A Non-Judicial Member must be:

A person of impeccable integrity.
A person possessing outstanding ability.
A person having special knowledge.
A person having at least 25 years of experience in one or more of the following areas:
- Anti-corruption policy
- Public administration
- Vigilance
- Finance (including banking and insurance)
- Law
- Management

These Members contribute professional and administrative expertise to the Lokpal.

Eligibility Criteria

To become the Chairperson or a Member, a person must satisfy the following conditions:

Possess impeccable integrity.
Possess outstanding ability.
Have the prescribed experience wherever required.
Be at least 45 years of age on the date of assuming office.
Fulfil all qualifications prescribed under Section 3.

Disqualifications

Section 3(4) specifies that the Chairperson or a Member shall not be:

1. Member of Parliament or State Legislature

A person cannot be:

Member of Parliament (Lok Sabha or Rajya Sabha), or
Member of any State Legislature, or
Member of the Legislature of a Union Territory.

2. Convicted Person

A person convicted of any offence involving moral turpitude is not eligible.

Moral Turpitude means conduct that is dishonest, fraudulent, immoral, or contrary to accepted standards of justice and morality.

3. Age Restriction

The person must not be below 45 years of age on the date of assuming office.

4. Member of Local Bodies

A person cannot be:

Member of any Panchayat.
Member of any Municipality.

5. Removal from Government Service

A person who has been:

Removed, or
Dismissed

from the service of the Central Government or any State Government is not eligible.

6. Political Neutrality

The Chairperson or Member:

Shall not be affiliated with any political party.
Must remain politically neutral throughout the tenure.

7. Office of Profit

The Chairperson or Member shall not:

Hold any office of trust.
Hold any office of profit under any authority.

The only office that may be held is the office of Chairperson or Member of the Lokpal.

8. Business Activities

The Chairperson or Member shall not:

Carry on any business.
Participate in the management of any business.

9. Professional Practice

The Chairperson or Member shall not practise:

Law
Chartered Accountancy
Medicine
Engineering
Any other profession

while holding office.

Resignation from Existing Positions

Before entering office, every appointed Chairperson or Member must:

If holding an office of trust or profit

Resign from that office.

If engaged in business

Sever all connections with the conduct and management of the business.

If practising any profession

Cease practising that profession before assuming office.

Purpose of These Restrictions

These restrictions ensure that:

The Lokpal remains completely independent.
There is no conflict of interest.
Political influence is eliminated.
Public confidence in the institution is maintained.
Decisions remain impartial and unbiased.

Composition of Lokpal (Quick Table)

Particular	Provision
Nature	Multi-member statutory body
Chairperson	One
Maximum Members	Eight
Maximum Strength	Nine (1 Chairperson + 8 Members)
Judicial Members	At least 50%
Social Representation	Minimum 50% from SC/ST/OBC/Minorities/Women

Qualifications (Quick Table)

Post	Eligibility
Chairperson	Former CJI, Former Supreme Court Judge, or Eminent Person with 25 years’ experience
Judicial Member	Former Supreme Court Judge or Former Chief Justice of a High Court
Non-Judicial Member	Eminent person with impeccable integrity and 25 years’ experience in specified fields

Fields of Expertise

The Act recognises experience in:

Anti-corruption policy
Public administration
Vigilance
Finance
Banking
Insurance
Law
Management

Disqualifications (Quick Table)

Disqualification	Provision
MP/MLA/UT Legislature Member	Not eligible
Member of Panchayat/Municipality	Not eligible
Convicted for offence involving moral turpitude	Not eligible
Below 45 years of age	Not eligible
Removed/Dismissed Government servant	Not eligible
Political party affiliation	Not permitted
Office of trust/profit	Not permitted
Carrying on business	Not permitted
Practising any profession	Not permitted

Key Examination Points

Section 3 provides for the establishment and composition of the Lokpal.
The Lokpal consists of one Chairperson and not more than eight Members.
At least 50% of the Members must be Judicial Members.
At least 50% of the Members must belong to SC/ST/OBC/Minorities/Women.
The Chairperson may be a former Chief Justice of India, former Supreme Court Judge, or an eminent person with 25 years of experience.
A Judicial Member must be a former Supreme Court Judge or former Chief Justice of a High Court.
The minimum age for appointment is 45 years.
A person convicted of an offence involving moral turpitude, affiliated with a political party, holding an office of profit, carrying on business, or practising a profession is not eligible to serve as the Chairperson or Member of the Lokpal.

Sections 4 & 5 – Appointment of Chairperson and Members, Selection Committee, Search Committee and Filling of Vacancies

(Lokpal and Lokayuktas Act, 2013)

Section 4 – Appointment of Chairperson and Members

Introduction

Section 4 of the Lokpal and Lokayuktas Act, 2013 lays down the procedure for the appointment of the Chairperson and Members of the Lokpal.

The appointments are made through a transparent and independent selection process involving a Selection Committee and a Search Committee.

Appointing Authority

The Chairperson and Members of the Lokpal are appointed by the President of India.

The President makes these appointments only after receiving the recommendations of the Selection Committee.

Thus:

Appointing Authority: President of India
Recommending Authority: Selection Committee

Selection Committee

The Selection Committee is the highest body responsible for recommending the names of the Chairperson and Members of the Lokpal.

Composition of the Selection Committee

The Selection Committee consists of five members:

Member	Position in the Committee
Prime Minister of India	Chairperson
Speaker of the Lok Sabha	Member
Leader of Opposition in the Lok Sabha*	Member
Chief Justice of India (CJI) or a Judge of the Supreme Court nominated by the CJI	Member
One Eminent Jurist nominated by the President on the recommendation of the above four members	Member

Important Note

Under the Lokpal and Lokayukta (Amendment) Act, 2016, if there is no recognised Leader of Opposition (LoP) in the Lok Sabha, the leader of the single largest opposition party in the Lok Sabha becomes a member of the Selection Committee.

Eminent Jurist

One member of the Selection Committee is an Eminent Jurist.

Appointment

The Eminent Jurist is:

Recommended by the first four members of the Selection Committee.
Formally nominated by the President of India.

An Eminent Jurist is a distinguished legal expert with high professional reputation and expertise in law.

Vacancy in the Selection Committee

Section 4(2) provides that:

No appointment of the Chairperson or a Member shall be invalid merely because there is a vacancy in the Selection Committee.

This ensures that the appointment process is not delayed due to temporary vacancies.

Search Committee

Before recommending names, the Selection Committee constitutes a Search Committee.

The Search Committee assists in identifying suitable candidates.

Composition of the Search Committee

The Search Committee must consist of at least seven persons.

The members should be persons of standing possessing special knowledge and expertise in one or more of the following fields:

Anti-corruption policy
Public administration
Vigilance
Policy making
Finance
Banking
Insurance
Law
Management
Any other field considered useful by the Selection Committee

Reservation in the Search Committee

The Act ensures inclusive representation.

At least 50% of the members of the Search Committee shall belong to:

Scheduled Castes (SC)
Scheduled Tribes (ST)
Other Backward Classes (OBC)
Minorities
Women

Functions of the Search Committee

The Search Committee:

Identifies suitable candidates.
Examines their qualifications and integrity.
Prepares a panel of eligible persons.
Recommends the panel to the Selection Committee.

The Search Committee only assists the Selection Committee.

Power of the Selection Committee

The Selection Committee is not bound by the recommendations of the Search Committee.

It may:

Accept the recommended names,
Reject any recommended name, or
Consider any other eligible person who was not recommended by the Search Committee.

Thus, the Selection Committee has the final discretion in recommending candidates.

Transparent Procedure

The Selection Committee is required to:

Regulate its own procedure.
Ensure that the selection process is transparent, fair, and objective.

Term and Conditions of the Search Committee

The following matters are prescribed by rules made under the Act:

Term of the Search Committee.
Fees payable to its members.
Allowances payable to its members.
Manner of preparing the panel of names.

Appointment Process (Flow Chart)

Selection Committee Constituted

↓

Constitutes a Search Committee

↓

Search Committee identifies eligible candidates

↓

Panel of names prepared

↓

Selection Committee considers the panel (or any other eligible person)

↓

Selection Committee recommends names

↓

President of India appoints the Chairperson and Members

Section 5 – Filling of Vacancies

Purpose

Section 5 ensures that vacancies in the office of the Chairperson or Members are filled without unnecessary delay, enabling the Lokpal to function continuously.

Filling of Vacancies

Whenever the term of the Chairperson or any Member is about to expire:

The President of India shall take, or cause to be taken, all necessary steps to appoint a new Chairperson or Member.

Time Limit

The appointment process should begin at least three months before the expiry of the term of the existing Chairperson or Member.

This provision helps avoid vacancies and ensures uninterrupted functioning of the Lokpal.

Procedure

Every vacancy is filled:

In accordance with the procedure laid down in the Lokpal and Lokayuktas Act, 2013.
Through the same Selection Committee and appointment process prescribed under Section 4.

Quick Revision Tables

Selection Committee

Member	Role
Prime Minister	Chairperson
Speaker of Lok Sabha	Member
Leader of Opposition (or leader of the single largest opposition party, if no recognised LoP)	Member
Chief Justice of India or a Judge nominated by the CJI	Member
One Eminent Jurist	Member

Search Committee

Particular	Provision
Minimum Members	At least 7 persons
Constituted By	Selection Committee
Reservation	At least 50% from SC/ST/OBC/Minorities/Women
Function	Prepare a panel of eligible candidates

Fields of Expertise for Search Committee Members

Anti-corruption policy
Public administration
Vigilance
Policy making
Finance
Banking
Insurance
Law
Management
Any other field considered useful by the Selection Committee

Filling of Vacancies

Particular	Provision
Authority	President of India
Time for initiating appointment	At least 3 months before the expiry of the term
Procedure	Same as prescribed under Section 4

Key Examination Points

Section 4 deals with the appointment of the Chairperson and Members of the Lokpal.
The President of India appoints the Chairperson and Members on the recommendation of the Selection Committee.
The Selection Committee consists of five members, headed by the Prime Minister.
The Selection Committee constitutes a Search Committee of at least seven persons to identify suitable candidates.
At least 50% of the Search Committee members must belong to SC/ST/OBC/Minorities/Women.
The Selection Committee is not bound by the recommendations of the Search Committee and may consider any eligible person.
The Selection Committee must follow a transparent procedure while making recommendations.
Section 5 requires the President to initiate the process of filling vacancies at least three months before the expiry of the term of the Chairperson or Member.

Sections 6–10 – Term of Office, Salary, Post-Tenure Restrictions, Acting Chairperson and Administrative Staff of the Lokpal

(Lokpal and Lokayuktas Act, 2013)

Section 6 – Term of Office of the Chairperson and Members

Overview

Section 6 prescribes the tenure, appointment, resignation, and removal of the Chairperson and Members of the Lokpal.

Appointment

The Chairperson and every Member are appointed by the President of India.
The appointment is made on the recommendation of the Selection Committee.
The President issues a Warrant under his hand and seal, making the appointment official.

Term of Office

The Chairperson and every Member hold office for:

Five years from the date they enter office; or
Until they attain the age of 70 years,

Whichever is earlier.

Resignation

The Chairperson or any Member may resign by:

Submitting a written resignation
Addressed to the President of India

The resignation takes effect in accordance with the provisions of the Act.

Removal

The Chairperson or a Member can be removed only in accordance with Section 37 of the Lokpal and Lokayuktas Act, 2013.

This provision protects the independence of the institution by ensuring that removal follows a legally prescribed procedure.

Section 7 – Salary, Allowances and Other Conditions of Service

Objective

Section 7 ensures that the Chairperson and Members receive salaries and service conditions comparable to the highest judicial offices in India, thereby safeguarding their independence.

Salary of the Chairperson

The Chairperson of the Lokpal receives:

The same salary, allowances and service conditions as the Chief Justice of India (CJI).

Salary of Members

Every Member of the Lokpal receives:

The same salary, allowances and service conditions as a Judge of the Supreme Court.

Pension Adjustment

If the Chairperson or a Member is already receiving a Government pension (other than a disability pension):

Their Lokpal salary shall be reduced by:

The amount of the pension being received; and
The equivalent amount of any commuted portion of the pension already received.

This prevents double financial benefits from the Government.

Protection of Service Conditions

After appointment:

The salary,
Allowances,
Pension, and
Other conditions of service

cannot be altered to the disadvantage of the Chairperson or Member.

This provision ensures independence and security of tenure.

Section 8 – Restrictions After Ceasing to Hold Office

Purpose

Section 8 imposes restrictions after retirement to preserve the impartiality and independence of the Lokpal.

A. Reappointment

After demitting office:

The Chairperson or a Member cannot be reappointed as the Chairperson or Member of the Lokpal.

B. Diplomatic or Constitutional Appointments

After leaving office, they are not eligible for:

Diplomatic assignments.
Appointment as the Administrator of a Union Territory.
Any office that requires appointment by the President through a Warrant under his hand and seal.

C. Government Employment

They cannot accept:

Any office of profit under the Government of India.
Any office of profit under a State Government.

D. Contesting Elections

For five years after leaving office, they cannot contest elections for:

President of India
Vice-President of India
Lok Sabha
Rajya Sabha
State Legislature
Municipality
Panchayat

Exception

A Member may subsequently become the Chairperson, provided that:

The combined tenure as Member and Chairperson does not exceed five years.

Example

Member for 2 years → Chairperson for maximum 3 years.
Member for 4 years → Chairperson for only 1 year.

The total tenure cannot exceed five years.

Section 9 – Acting Chairperson

Vacancy in the Office of Chairperson

If the office of the Chairperson becomes vacant because of:

Death,
Resignation,
Removal, or
Any other reason,

the President of India may authorise the senior-most Member to act as the Chairperson until a new Chairperson is appointed.

Temporary Absence

If the Chairperson is:

On leave,
Unable to perform duties due to illness, or
Temporarily unable to discharge functions,

the President may authorise the senior-most available Member to perform the duties of the Chairperson until the Chairperson resumes office.

This ensures uninterrupted functioning of the Lokpal.

Section 10 – Secretary, Officers and Staff of the Lokpal

Objective

Section 10 provides for the administrative machinery required for the effective functioning of the Lokpal.

Secretary of the Lokpal

There shall be:

One Secretary
Rank equivalent to a Secretary to the Government of India

Appointment

Appointed by the Chairperson
From a panel of names sent by the Central Government

Director of Inquiry

There shall be:

One Director of Inquiry

Rank

Not below the rank of Additional Secretary to the Government of India or equivalent.

Appointment

Appointed by the Chairperson
From a panel submitted by the Central Government

Function

The Director of Inquiry supervises preliminary inquiries into complaints received by the Lokpal.

Director of Prosecution

There shall be:

One Director of Prosecution

Rank

Not below the rank of Additional Secretary to the Government of India or equivalent.

Appointment

Appointed by the Chairperson
From a panel submitted by the Central Government

Function

The Director of Prosecution supervises prosecution proceedings in cases investigated by the Lokpal.

Appointment of Other Officers and Staff

Other officers and employees of the Lokpal are appointed by:

The Chairperson, or
Any Member or Officer authorised by the Chairperson.

Role of UPSC

The President may make rules requiring that appointments to specified posts be made after consultation with the Union Public Service Commission (UPSC).

Conditions of Service

Subject to Parliamentary law:

The Lokpal may make regulations regarding:

Salaries
Allowances
Leave
Pension
Other service conditions

of its officers and employees.

Presidential Approval

Regulations relating to:

Salary
Allowances
Leave
Pension

require the approval of the President of India before they come into effect.

Quick Revision Tables

Section 6 – Term of Office

Particular	Provision
Appointing Authority	President of India
Recommendation	Selection Committee
Appointment Instrument	Warrant under the President’s hand and seal
Tenure	5 years or 70 years of age, whichever is earlier
Resignation	By writing addressed to the President
Removal	As per Section 37

Section 7 – Salary

Office	Salary Equivalent
Chairperson	Chief Justice of India
Member	Judge of the Supreme Court

Important Provisions

Government pension deducted from salary.
Disability pension is not deducted.
Salary and service conditions cannot be altered to their disadvantage after appointment.

Section 8 – Restrictions After Office

Restriction	Provision
Reappointment as Lokpal	Not allowed
Diplomatic assignment	Not allowed
Administrator of UT	Not allowed
Government employment	Not allowed
Contesting elections	Prohibited for 5 years
Member becoming Chairperson	Allowed if total tenure does not exceed 5 years

Section 9 – Acting Chairperson

Situation	Provision
Vacancy due to death, resignation, removal etc.	Senior-most Member acts as Chairperson
Temporary absence of Chairperson	Senior-most available Member performs duties
Authority	President of India

Section 10 – Administrative Officers

Post	Rank	Appointed By
Secretary	Secretary to Government of India	Chairperson
Director of Inquiry	Additional Secretary or equivalent	Chairperson
Director of Prosecution	Additional Secretary or equivalent	Chairperson
Other Officers & Staff	As prescribed	Chairperson/Authorised Officer

Key Examination Points

Section 6 provides that the Chairperson and Members hold office for five years or until attaining the age of 70 years, whichever is earlier.
They are appointed by the President of India by warrant under his hand and seal on the recommendation of the Selection Committee.
The Chairperson receives the same salary and allowances as the Chief Justice of India, while Members receive the same salary and allowances as Judges of the Supreme Court.
After leaving office, they cannot be reappointed, cannot accept government employment, and cannot contest elections for five years.
A Member may become the Chairperson, but the combined tenure cannot exceed five years.
In the absence of the Chairperson, the President may authorise the senior-most Member to act as Chairperson.
The Lokpal has a Secretary, a Director of Inquiry, a Director of Prosecution, and other officers and staff to assist in its functioning. The Secretary is of the rank of Secretary to the Government of India, while the Directors are of at least the rank of Additional Secretary to the Government of India.

Chapter III – Inquiry Wing

Section 11 – Inquiry Wing

(Lokpal and Lokayuktas Act, 2013)

Introduction

Section 11 of the Lokpal and Lokayuktas Act, 2013 provides for the establishment of an Inquiry Wing within the Lokpal.

The Inquiry Wing is responsible for conducting preliminary inquiries into complaints of corruption against public servants under the Prevention of Corruption Act, 1988.

It acts as the first stage of investigation, helping the Lokpal determine whether there is sufficient evidence to proceed with a full investigation.

Establishment of the Inquiry Wing

The Lokpal shall establish a separate Inquiry Wing for conducting preliminary inquiries into corruption cases.

This provision applies notwithstanding anything contained in any other law, meaning that the Lokpal has an independent statutory power to constitute its own Inquiry Wing.

Head of the Inquiry Wing

The Inquiry Wing is headed by the:

Director of Inquiry

The Director of Inquiry supervises and controls all preliminary inquiries conducted by the Inquiry Wing.

Purpose of the Inquiry Wing

The main purpose of the Inquiry Wing is to:

Conduct preliminary inquiries into complaints received by the Lokpal.
Examine whether a prima facie case of corruption exists.
Collect relevant facts and evidence.
Submit an inquiry report to the Lokpal for further action.

Jurisdiction

The Inquiry Wing conducts preliminary inquiries into offences alleged to have been committed by public servants that are punishable under the:

Prevention of Corruption Act, 1988

The Inquiry Wing does not conduct a full criminal investigation. Its role is limited to determining whether there are sufficient grounds for further investigation.

Temporary Arrangement

Until the Lokpal establishes its own Inquiry Wing:

The Central Government shall provide the required officers and staff from its Ministries or Departments.
These officers will assist the Lokpal in conducting preliminary inquiries under the Act.

This ensures that the Lokpal can begin functioning without waiting for the permanent Inquiry Wing to be constituted.

Powers of the Inquiry Wing Officers

For the purpose of assisting the Lokpal:

Officers of the Inquiry Wing not below the rank of Under Secretary to the Government of India are vested with statutory powers.

These officers enjoy the same powers as those conferred under Section 27 of the Lokpal and Lokayuktas Act, 2013 while conducting preliminary inquiries.

These powers enable them to effectively collect information and examine matters relating to corruption complaints.

Important Features of the Inquiry Wing

Constituted by the Lokpal.
Headed by the Director of Inquiry.
Conducts preliminary inquiries into corruption complaints.
Deals with offences under the Prevention of Corruption Act, 1988.
Helps the Lokpal determine whether a prima facie case exists.
May receive temporary assistance from officers provided by the Central Government until the Inquiry Wing is fully established.
Officers of the Inquiry Wing must be not below the rank of Under Secretary to the Government of India.
Such officers exercise the powers provided under Section 27 of the Act.

Quick Revision Table

Particular	Provision
Chapter	Chapter III
Section	Section 11
Name	Inquiry Wing
Constituted By	Lokpal
Head	Director of Inquiry
Main Function	Conduct preliminary inquiries into corruption complaints
Applicable Law	Prevention of Corruption Act, 1988
Nature of Inquiry	Preliminary Inquiry
Temporary Staff	Provided by the Central Government until the Inquiry Wing is constituted
Minimum Rank of Officers	Under Secretary to the Government of India
Powers of Officers	Same powers as provided under Section 27 of the Lokpal and Lokayuktas Act, 2013

Key Examination Points

Section 11 provides for the establishment of the Inquiry Wing of the Lokpal.
The Inquiry Wing is headed by the Director of Inquiry.
Its primary function is to conduct preliminary inquiries into allegations of corruption against public servants under the Prevention of Corruption Act, 1988.
Until the Inquiry Wing is constituted, the Central Government must provide the required officers and staff to assist the Lokpal.
Officers of the Inquiry Wing must be not below the rank of Under Secretary to the Government of India.
During preliminary inquiries, these officers exercise the same powers as those provided under Section 27 of the Lokpal and Lokayuktas Act, 2013.

Chapter IV – Prosecution Wing

Section 12 – Prosecution Wing

(Lokpal and Lokayuktas Act, 2013)

Introduction

Section 12 of the Lokpal and Lokayuktas Act, 2013 provides for the establishment of the Prosecution Wing of the Lokpal.

The Prosecution Wing is responsible for prosecuting public servants against whom the Lokpal has found sufficient evidence of corruption after investigation.

It ensures that corruption cases are taken before the Special Court for trial under the Prevention of Corruption Act, 1988.

Establishment of the Prosecution Wing

The Lokpal shall constitute a separate Prosecution Wing by issuing a notification.

The Prosecution Wing is created to conduct the prosecution of public servants in cases referred by the Lokpal under the Act.

Head of the Prosecution Wing

The Prosecution Wing is headed by the:

Director of Prosecution

The Director of Prosecution supervises and manages all prosecution proceedings initiated by the Lokpal.

Purpose of the Prosecution Wing

The main functions of the Prosecution Wing are to:

Prosecute public servants accused of corruption.
File cases before the Special Court.
Conduct criminal proceedings under the Prevention of Corruption Act, 1988.
Ensure that offenders are brought to trial based on the findings of the investigation.

Temporary Arrangement

Until the Lokpal establishes its own Prosecution Wing:

The Central Government shall provide the required officers and staff from its Ministries or Departments.
These officers will assist the Lokpal in conducting prosecutions under the Act.

This arrangement ensures that prosecution work is not delayed until the permanent Prosecution Wing is established.

Duties of the Director of Prosecution

After receiving directions from the Lokpal, the Director of Prosecution shall:

File the prosecution case before the Special Court.
Act according to the findings of the investigation report.
Take all necessary legal steps for the prosecution of the accused public servant.
Conduct prosecution for offences punishable under the Prevention of Corruption Act, 1988.

Filing of the Case

The prosecution case filed by the Director of Prosecution before the Special Court is based on the investigation report submitted to the Lokpal.

The Director files the case only after the Lokpal directs that prosecution should be initiated.

Status of the Prosecution Report

Under Section 12(3):

The case filed by the Director of Prosecution before the Special Court is treated as a police report under Section 173 of the Code of Criminal Procedure, 1973 (now Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023).

This means the prosecution report has the same legal effect as a charge sheet submitted after the completion of a police investigation.

Important Features of the Prosecution Wing

Constituted by the Lokpal through a notification.
Headed by the Director of Prosecution.
Responsible for prosecuting public servants accused of corruption.
Files prosecution cases before the Special Court.
Acts only after receiving directions from the Lokpal.
Conducts prosecutions under the Prevention of Corruption Act, 1988.
Until the Prosecution Wing is established, the Central Government provides officers and staff.
The prosecution report is treated as a police report (charge sheet) under criminal procedure law.

Quick Revision Table

Particular	Provision
Chapter	Chapter IV
Section	Section 12
Name	Prosecution Wing
Constituted By	Lokpal (by notification)
Head	Director of Prosecution
Main Function	Prosecution of public servants accused of corruption
Applicable Law	Prevention of Corruption Act, 1988
Court Where Case is Filed	Special Court
Temporary Staff	Provided by the Central Government until the Prosecution Wing is constituted
Legal Status of Report	Deemed to be a police report under Section 173 CrPC, 1973 (corresponding to Section 193 of the BNSS, 2023)

Difference Between Inquiry Wing and Prosecution Wing

Inquiry Wing	Prosecution Wing
Established under Section 11	Established under Section 12
Headed by the Director of Inquiry	Headed by the Director of Prosecution
Conducts preliminary inquiry	Conducts prosecution before the Special Court
Determines whether a prima facie case exists	Initiates criminal proceedings after investigation
First stage of the process	Final stage before trial

Key Examination Points

Section 12 provides for the establishment of the Prosecution Wing of the Lokpal.
The Prosecution Wing is headed by the Director of Prosecution.
It is constituted by the Lokpal through a notification.
The Director of Prosecution files cases before the Special Court only after receiving directions from the Lokpal.
The Prosecution Wing prosecutes offences under the Prevention of Corruption Act, 1988.
Until the Prosecution Wing is established, the Central Government provides the required officers and staff.
The prosecution report filed before the Special Court is deemed to be a police report (charge sheet) under Section 173 of the Code of Criminal Procedure, 1973 (corresponding to Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023).

Chapter V – Expenses of Lokpal to be Charged on the Consolidated Fund of India

Section 13 – Expenses of Lokpal

(Lokpal and Lokayuktas Act, 2013)

Introduction

Section 13 of the Lokpal and Lokayuktas Act, 2013 deals with the financial provisions relating to the Lokpal.

It provides that all administrative expenses of the Lokpal are charged on the Consolidated Fund of India (CFI). This ensures the financial independence of the Lokpal and enables it to perform its functions without financial interference.

Expenses of the Lokpal

All administrative expenses of the Lokpal are paid from the Consolidated Fund of India.

These expenses include:

Salary of the Chairperson.
Salary of the Members.
Salary of the Secretary.
Salary of other officers and employees.
Allowances payable to the Chairperson, Members, and staff.
Pension payable to the Chairperson, Members, officers, and employees.
Any other administrative expenditure necessary for the functioning of the Lokpal.

Consolidated Fund of India (CFI)

The Consolidated Fund of India is the main account of the Central Government.

It includes:

All revenues received by the Government of India.
All money raised through loans.
All money received in repayment of loans granted by the Government.

Since the Lokpal’s expenses are charged on this Fund, its financial requirements are met directly from the Government’s principal fund.

Meaning of “Charged on the Consolidated Fund”

When an expenditure is charged on the Consolidated Fund of India:

It is treated as a mandatory expenditure.
It is not subject to voting by Parliament during the annual budget process.
Parliament may discuss the expenditure, but it cannot vote to reduce or reject it.

This financial protection helps maintain the independence and impartiality of the Lokpal.

Fees and Other Money Received by the Lokpal

Any:

Fees,
Charges, or
Other money

received by the Lokpal does not remain with the Lokpal.

Instead, all such money becomes part of the Consolidated Fund of India.

Purpose of Section 13

Section 13 aims to:

Ensure the financial independence of the Lokpal.
Protect the Lokpal from financial or political pressure.
Guarantee uninterrupted functioning of the institution.
Provide a secure source of funding for salaries and administrative expenses.

Quick Revision Table

Particular	Provision
Chapter	Chapter V
Section	Section 13
Subject	Expenses of the Lokpal
Source of Funds	Consolidated Fund of India (CFI)
Expenses Covered	Salaries, allowances, pensions, and all administrative expenses
Money Received by Lokpal	Forms part of the Consolidated Fund of India
Purpose	To ensure the financial independence of the Lokpal

Key Examination Points

Section 13 provides that all administrative expenses of the Lokpal are charged on the Consolidated Fund of India.
These expenses include the salaries, allowances, pensions, and other administrative costs of the Chairperson, Members, Secretary, officers, and staff.
Any fees or other money received by the Lokpal become part of the Consolidated Fund of India.
Charging these expenses on the Consolidated Fund of India ensures the financial independence and smooth functioning of the Lokpal.

Section 14 – Jurisdiction of the Lokpal

(Lokpal and Lokayuktas Act, 2013)

Introduction

Section 14 is one of the most important provisions of the Lokpal and Lokayuktas Act, 2013. It defines the jurisdiction of the Lokpal, i.e., the persons against whom the Lokpal can inquire into allegations of corruption.

The Lokpal has jurisdiction over the Prime Minister, Union Ministers, Members of Parliament, Central Government officials, and certain bodies, organisations, societies, trusts, NGOs, and other persons connected with corruption cases.

The inquiry is conducted in relation to offences punishable under the Prevention of Corruption Act, 1988.

Persons Covered Under the Jurisdiction of the Lokpal

The Lokpal may inquire or cause an inquiry to be conducted into allegations of corruption against the following persons:

1. Prime Minister of India

The Lokpal has jurisdiction over a person who is or has been the Prime Minister of India.

Matters Excluded from Inquiry

The Lokpal cannot inquire into allegations relating to:

International relations
External security
Internal security
Public order
Atomic energy
Space

These matters are excluded because they involve national security and sovereign interests.

Conditions for Inquiry Against the Prime Minister

Before initiating an inquiry against the Prime Minister:

The matter must be considered by the Full Bench of the Lokpal.
The Full Bench consists of the Chairperson and all Members of the Lokpal.
At least two-thirds of the total Members must approve the initiation of the inquiry.

In-camera Proceedings

Any inquiry against the Prime Minister must be conducted in camera.

Meaning of In Camera:
The proceedings are held privately and are not open to the public or media.

Dismissal of Complaint

If the Lokpal concludes that the complaint against the Prime Minister deserves to be dismissed:

The inquiry records shall not be published, and
They shall not be made available to any person.

This protects confidential and sensitive information.

2. Union Ministers

The Lokpal has jurisdiction over any person who:

Is a Union Minister, or
Has previously served as a Union Minister.

3. Members of Parliament (MPs)

The Lokpal has jurisdiction over:

Members of the Lok Sabha.
Members of the Rajya Sabha.
Former Members of either House.

Exception

The Lokpal cannot inquire into:

Anything said by a Member in Parliament.
Any vote given by a Member in Parliament or its Committees.

This protection is provided under Article 105(2) of the Constitution, which grants parliamentary privilege.

4. Group ‘A’ and Group ‘B’ Officers

The Lokpal has jurisdiction over:

Group ‘A’ officers.
Group ‘B’ officers.
Equivalent officers.

These officers must be:

Serving, or
Have served,

in connection with the affairs of the Central Government.

5. Group ‘C’ and Group ‘D’ Officials

The Lokpal also has jurisdiction over:

Group ‘C’ officials.
Group ‘D’ officials.
Equivalent officials.

These officials must:

Be serving or have served in connection with the affairs of the Union Government.

Their inquiry is subject to Section 20(1) of the Act.

6. Officers of Government Bodies and Public Sector Organisations

The Lokpal has jurisdiction over any person who is or has been:

Chairperson
Member
Officer
Employee

of any:

Body
Board
Corporation
Authority
Government Company
Society
Trust
Autonomous Body

provided that such organisation:

Is established by an Act of Parliament, or
Is wholly or partly financed by the Central Government, or
Is controlled by the Central Government.

Officers Serving Under State Government

Where an officer previously served under the Central Government or a Central Government body but is presently serving under a State Government or a State-controlled body:

The Lokpal can exercise jurisdiction only after obtaining the consent of the concerned State Government.

7. NGOs, Societies and Associations Receiving Government Funds

The Lokpal has jurisdiction over:

Director
Manager
Secretary
Other officers

of any:

Society
Association of Persons
Trust

which:

Is wholly or partly financed by the Government; and
Has an annual income exceeding the amount notified by the Central Government.

8. NGOs Receiving Foreign Contributions

The Lokpal also has jurisdiction over any:

Director
Manager
Secretary
Other officer

of any:

Society
Trust
Association

receiving foreign contributions under the Foreign Contribution (Regulation) Act, 2010 (FCRA).

Financial Threshold

Jurisdiction applies if the foreign contribution:

Exceeds ₹10 lakh in one financial year, or
Such higher amount as may be notified by the Central Government.

Explanation to Section 14

For the purposes of clauses (f) and (g), the expression entity or institution includes:

Company
Corporation
Society
Trust
Association of Persons (AOP)
Partnership Firm
Sole Proprietorship
Limited Liability Partnership (LLP)

Whether registered or unregistered.

These persons are deemed to be public servants under the Prevention of Corruption Act, 1988, and the provisions of that Act apply to them.

Jurisdiction Over Other Persons

The Lokpal may also inquire into any person not directly covered under Section 14(1) if such person is involved in:

Abetment of corruption.
Giving a bribe.
Taking a bribe.
Criminal conspiracy relating to corruption.

Such inquiry is conducted in connection with offences under the Prevention of Corruption Act, 1988.

State Government Employees

If such a person is serving in connection with the affairs of a State, the Lokpal can proceed only with the consent of the concerned State Government.

Matters Not to be Referred to a Commission of Inquiry

Once a complaint has been filed before the Lokpal:

The same matter cannot be referred for inquiry under the Commissions of Inquiry Act, 1952.

This avoids duplication of proceedings.

Period Covered by Complaint

A complaint before the Lokpal can relate only to the period during which the person was serving as a public servant.

Acts committed after leaving public office are outside the scope of this explanation unless otherwise covered by law.

Quick Revision Table – Persons Under Lokpal’s Jurisdiction

Person	Jurisdiction
Prime Minister	Yes (subject to restrictions)
Union Ministers	Yes
Members of Parliament	Yes
Group A Officers	Yes
Group B Officers	Yes
Group C Officials	Yes (subject to Section 20)
Group D Officials	Yes (subject to Section 20)
Officers of Central Government Bodies	Yes
Officers of Government Companies	Yes
Officers of Autonomous Bodies	Yes
NGOs receiving Government funds	Yes
NGOs receiving foreign contribution above prescribed limit	Yes
Persons involved in bribery or conspiracy	Yes

Restrictions on Inquiry Against the Prime Minister

Provision	Details
Matters excluded	International relations, external security, internal security, public order, atomic energy, space
Approval required	Full Bench of Lokpal
Voting requirement	Minimum two-thirds of Members
Nature of inquiry	In camera
If complaint dismissed	Records shall not be published

Matters Outside the Jurisdiction of the Lokpal

The Lokpal cannot inquire into:

Speeches made by Members of Parliament.
Votes cast by Members of Parliament.
Parliamentary proceedings protected under Article 105(2) of the Constitution.
Matters relating to the Prime Minister concerning national security and other excluded subjects.

Key Examination Points

Section 14 defines the jurisdiction of the Lokpal.
The Lokpal has jurisdiction over the Prime Minister, Union Ministers, Members of Parliament, Group A, B, C and D Central Government officials, officers of Central Government bodies, public sector organisations, societies, trusts, NGOs, and certain other entities.
An inquiry against the Prime Minister cannot relate to international relations, external security, internal security, public order, atomic energy, or space.
An inquiry against the Prime Minister requires the approval of the Full Bench of the Lokpal, with at least two-thirds of the Members voting in favour.
Such inquiries are conducted in camera, and if the complaint is dismissed, the records cannot be published.
The Lokpal has no jurisdiction over anything said or any vote given by a Member of Parliament due to the protection under Article 105(2) of the Constitution.
The Lokpal also has jurisdiction over NGOs receiving Government funding and organisations receiving foreign contributions exceeding ₹10 lakh (or such higher amount as notified by the Central Government) under the Foreign Contribution (Regulation) Act, 2010.
The Lokpal may inquire into persons involved in abetment, bribery, or criminal conspiracy relating to corruption.
Once a complaint is filed before the Lokpal, the same matter cannot be referred under the Commissions of Inquiry Act, 1952.

Section 15 – Matters Pending Before Any Court, Committee or Authority Not to be Affected

(Lokpal and Lokayuktas Act, 2013)

Introduction

Section 15 of the Lokpal and Lokayuktas Act, 2013 ensures that the establishment of the Lokpal does not interfere with or interrupt proceedings that are already pending before a court, a parliamentary committee, or any other competent authority.

This provision prevents duplication of proceedings and protects the continuity of ongoing legal or departmental actions.

Purpose of Section 15

The main objectives of Section 15 are to:

Prevent interference with pending proceedings.
Ensure continuity of investigations and trials.
Avoid duplication of inquiries on the same matter.
Maintain coordination between the Lokpal and other legal authorities.

Pending Matters Not Affected

If any matter relating to an allegation of corruption under the Prevention of Corruption Act, 1988 is already pending before any competent authority, it will continue before that authority.

The Lokpal Act does not automatically transfer such matters to the Lokpal.

Authorities Covered

The provision applies to matters pending before:

1. Court

Any criminal or civil court dealing with a corruption-related matter.

2. Parliamentary Committee

Any Committee of:

Lok Sabha, or
Rajya Sabha.

3. Other Competent Authority

Any authority legally empowered to inquire into allegations of corruption, such as:

Departmental inquiry authority.
Vigilance authority.
Any statutory authority competent to deal with the matter.

When Does Section 15 Apply?

Section 15 applies in the following situations:

Before the Commencement of the Act

If a corruption matter was already pending before any court, committee, or authority before the Lokpal and Lokayuktas Act, 2013 came into force, it will continue before the same authority.

After the Commencement of the Act

Even after the Act came into force, if a proceeding had already commenced before a competent authority before the Lokpal initiated its own inquiry, that proceeding will continue before the same authority.

Effect of Section 15

Existing proceedings are not cancelled.
Existing proceedings are not transferred to the Lokpal.
Existing proceedings continue according to the law governing that authority.
The Lokpal Act does not disturb or invalidate any pending inquiry, investigation, or trial.

Importance of Section 15

Section 15 ensures:

Continuity of legal proceedings.
Judicial efficiency.
Avoidance of parallel inquiries.
Respect for the jurisdiction of courts and other statutory authorities.
Smooth functioning of the justice system.

Quick Revision Table

Particular	Provision
Chapter	Chapter VI
Section	Section 15
Subject	Pending matters not affected
Applicable Law	Prevention of Corruption Act, 1988
Authorities Covered	Courts, Parliamentary Committees, and other competent authorities
Effect	Pending proceedings continue before the same authority
Transfer to Lokpal	Not permitted under this section

Simple Flow Chart

Corruption Matter Pending

⬇

Before Court / Parliamentary Committee / Other Authority

⬇

Lokpal Act Comes into Force

⬇

Proceedings Continue Before the Same Authority

⬇

No Automatic Transfer to the Lokpal

Key Examination Points

Section 15 provides that pending corruption-related proceedings are not affected by the Lokpal and Lokayuktas Act, 2013.
It applies to matters relating to offences under the Prevention of Corruption Act, 1988.
Proceedings pending before a court, Committee of either House of Parliament, or any other competent authority continue before that authority.
Such matters are not automatically transferred to the Lokpal.
The purpose of Section 15 is to avoid duplication of proceedings, ensure continuity of legal action, and respect the jurisdiction of existing authorities.

Sections 16–19 – Constitution of Benches, Distribution of Business, Transfer of Cases and Decision by Majority

(Lokpal and Lokayuktas Act, 2013)

Introduction

Sections 16 to 19 of the Lokpal and Lokayuktas Act, 2013 deal with the internal functioning and administration of the Lokpal. These provisions explain:

How benches of the Lokpal are constituted.
How cases are distributed among different benches.
The power of the Chairperson to transfer cases.
The procedure for deciding cases when Members have different opinions.

These provisions ensure the efficient, transparent, and impartial functioning of the Lokpal.

Section 16 – Constitution of Benches of the Lokpal

Purpose

Section 16 authorises the Lokpal to perform its functions through Benches instead of requiring the full body to hear every case.

Exercise of Jurisdiction

The jurisdiction and powers of the Lokpal may be exercised by its Benches.

This enables the Lokpal to dispose of multiple cases efficiently.

Constitution of Benches

The Chairperson of the Lokpal has the power to constitute Benches.

Each Bench shall consist of:

Two or more Members, as the Chairperson considers appropriate.

Judicial Member

Every Bench shall ordinarily include at least one Judicial Member.

This ensures that legal expertise is available while deciding cases.

Bench Presided Over by the Chairperson

If the Chairperson is a member of a Bench:

The Chairperson presides over that Bench.

Bench Consisting of Judicial and Non-Judicial Members

Where a Bench consists of:

One Judicial Member, and
One Non-Judicial Member,

and the Chairperson is not a member of that Bench,

the Judicial Member shall preside over the Bench.

Place of Sitting

The Benches of the Lokpal shall ordinarily sit at:

New Delhi

The Lokpal may also specify other places for holding sittings by making regulations.

Territorial Jurisdiction

The Lokpal shall notify:

The geographical areas or matters over which each Bench will exercise jurisdiction.

This helps in the proper allocation of cases.

Power of Reconstitution

The Chairperson has the authority to:

Constitute new Benches.
Reconstitute existing Benches.
Change the composition of Benches whenever necessary.

Transfer to Larger Bench

If during the hearing of a case:

The Chairperson or any Member believes that the matter is important or complex,

the case may be transferred to a Bench consisting of three or more Members.

The transfer is made by the Chairperson.

Section 17 – Distribution of Business Among Benches

Purpose

Section 17 enables the Chairperson to distribute the work of the Lokpal among different Benches.

Powers of the Chairperson

The Chairperson may, by notification:

Allocate cases among different Benches.
Specify the matters that each Bench will hear.
Reallocate work whenever necessary.

This ensures efficient disposal of complaints and balanced workload among Benches.

Section 18 – Power of Chairperson to Transfer Cases

Purpose

Section 18 gives the Chairperson the authority to transfer a pending case from one Bench to another.

Who Can Apply?

An application for transfer may be made by:

The Complainant, or
The Public Servant against whom the complaint has been filed.

Opportunity of Hearing

Before transferring a case, the Chairperson must:

Give an opportunity of being heard to the concerned parties.

This ensures compliance with the principles of natural justice.

Power of Transfer

After hearing the parties, the Chairperson may:

Transfer the case from one Bench to another Bench for disposal.

The decision is taken in the interest of fairness, convenience, or proper administration of justice.

Section 19 – Decision by Majority

Purpose

Section 19 lays down the procedure to be followed when Members of a Bench differ in their opinions.

Difference of Opinion

This section applies when:

A Bench consists of an even number of Members, and
The Members differ on any issue.

Recording of Difference

The Members must:

Clearly state the point or points on which they disagree.

Reference to the Chairperson

The disputed point is referred to the Chairperson.

The Chairperson may:

Hear the matter personally; or
Refer the disputed point to one or more other Members of the Lokpal.

Majority Decision

The final decision is taken according to the opinion of the majority of the Members who have heard the matter.

The majority includes:

The Members who originally heard the case, and
The additional Member(s) who heard the disputed point.

This ensures that disagreements do not delay the disposal of cases.

Quick Revision Tables

Section 16 – Constitution of Benches

Particular	Provision
Constituted By	Chairperson
Number of Members	Two or more Members
Judicial Member	At least one Judicial Member in every Bench
Chairperson Present	Chairperson presides over the Bench
Judicial + Non-Judicial Bench	Judicial Member presides
Principal Seat	New Delhi
Other Sittings	As specified by regulations
Larger Bench	Three or more Members for important/complex matters

Section 17 – Distribution of Business

Particular	Provision
Authority	Chairperson
Mode	By notification
Function	Allocation and distribution of cases among Benches

Section 18 – Transfer of Cases

Particular	Provision
Transfer Authority	Chairperson
Who May Apply	Complainant or Public Servant
Hearing Required	Yes
Result	Case may be transferred to another Bench

Section 19 – Decision by Majority

Particular	Provision
Applies When	Members of an even-numbered Bench differ in opinion
Difference Recorded	Yes
Matter Referred To	Chairperson
Chairperson’s Options	Hear personally or refer to one or more other Members
Final Decision	By majority of Members who heard the case

Difference Between Sections 16–19

Section	Subject Matter
Section 16	Constitution and functioning of Benches
Section 17	Distribution of business among Benches
Section 18	Transfer of cases between Benches
Section 19	Decision by majority when Members differ in opinion

Key Examination Points

Section 16 empowers the Chairperson to constitute Benches consisting of two or more Members, and every Bench should ordinarily have at least one Judicial Member.
If the Chairperson is part of a Bench, he/she presides over it. Otherwise, where the Bench consists of a Judicial Member and a Non-Judicial Member, the Judicial Member presides.
The Benches ordinarily sit at New Delhi, but the Lokpal may specify other places through regulations.
The Chairperson may constitute or reconstitute Benches and transfer important or complex matters to a Bench of three or more Members.
Section 17 authorises the Chairperson to distribute and allocate cases among different Benches by notification.
Section 18 empowers the Chairperson to transfer a case from one Bench to another after giving an opportunity of hearing to the complainant or the public servant.
Section 19 provides that where Members of an even-numbered Bench differ in opinion, the matter is referred to the Chairperson, and the final decision is taken by the majority of the Members who hear the case.

Section 20 – Procedure for Complaints, Preliminary Inquiry and Investigation

(Lokpal and Lokayuktas Act, 2013)

Introduction

Section 20 is one of the most important provisions of the Lokpal and Lokayuktas Act, 2013. It lays down the complete procedure to be followed after the Lokpal receives a complaint alleging corruption against a public servant.

The section explains:

How complaints are processed.
Preliminary inquiry.
Investigation.
Role of the Central Vigilance Commission (CVC).
Time limits.
Departmental action.
Prosecution before the Special Court.

Purpose of Section 20

The objectives of Section 20 are to:

Ensure fair examination of complaints.
Identify whether a prima facie (at first sight) case exists.
Prevent false or frivolous complaints.
Ensure speedy investigation.
Provide transparency and accountability.

Step-by-Step Procedure Under Section 20

Step 1 – Receipt of Complaint

When the Lokpal receives a complaint, it first decides whether the complaint deserves further examination.

If the Lokpal decides to proceed, it may order either:

(A) Preliminary Inquiry

The Lokpal may direct:

Its Inquiry Wing, or
Any investigating agency (including the Delhi Special Police Establishment (CBI))

to conduct a preliminary inquiry to determine whether a prima facie case exists.

Purpose: To verify whether there is sufficient material to proceed further.

(B) Direct Investigation

If the Lokpal is already satisfied that a prima facie case exists, it may order a direct investigation by:

Any investigating agency; or
The Delhi Special Police Establishment (CBI).

Reference of Complaints to the Central Vigilance Commission (CVC)

If the Lokpal decides to conduct a preliminary inquiry, it may refer complaints relating to:

Group A officers
Group B officers
Group C officers
Group D officers

to the Central Vigilance Commission (CVC).

Role of the CVC

For Group A and Group B Officers

The CVC shall:

Conduct the preliminary inquiry.
Submit its report to the Lokpal according to Section 20.

For Group C and Group D Officers

The CVC shall proceed according to the provisions of the Central Vigilance Commission Act, 2003.

Opportunity to Explain Before Investigation

Before ordering a formal investigation, the Lokpal must:

Call for an explanation from the concerned public servant.

This helps the Lokpal decide whether a prima facie case actually exists.

Exception

Seeking an explanation does not prevent investigating agencies from carrying out:

Search,
Seizure,
Collection of evidence,

whenever such action is necessary.

Procedure During Preliminary Inquiry

The Inquiry Wing or investigating agency shall:

Collect evidence.
Gather documents.
Obtain relevant information.
Seek comments from the public servant.
Seek comments from the competent authority.

After considering all materials, it must submit a report to the Lokpal.

Time Limit for Submission of Preliminary Inquiry Report

The Inquiry Wing or agency must submit its report:

Within 60 days from the date of receiving the reference.

Consideration of Preliminary Inquiry Report

The report is examined by a Bench consisting of at least three Members of the Lokpal.

Before taking any decision:

The public servant must be given an opportunity of being heard.

Decisions After Preliminary Inquiry

After examining the report, the Lokpal may decide to:

1. Order Investigation

Direct any investigating agency or the CBI (Delhi Special Police Establishment) to investigate the case.

2. Initiate Departmental Proceedings

Direct the competent authority to begin:

Departmental inquiry, or
Any other appropriate disciplinary action.

3. Close the Proceedings

If no prima facie case exists, the Lokpal may:

Close the complaint; and
Proceed against the complainant under Section 46 if the complaint is found to be false or malicious.

Time Limit for Preliminary Inquiry

A preliminary inquiry should ordinarily be completed:

Within 90 days from receipt of the complaint.

Extension:

May be extended by another 90 days, but only for reasons recorded in writing.

Maximum period: 180 days.

Investigation

If the Lokpal orders an investigation:

The investigating agency or CBI must complete it within six months.

Extension of Investigation

The Lokpal may extend the investigation:

By another six months at a time, if justified.

Reasons for extension must be recorded in writing.

Submission of Investigation Report

After completing the investigation:

The investigating agency submits the report to the court having jurisdiction under Section 173 of the Code of Criminal Procedure (now read with the Bharatiya Nagarik Suraksha Sanhita where applicable).
A copy of the report must also be forwarded to the Lokpal.

Consideration of Investigation Report

The investigation report is examined by a Bench of at least three Members of the Lokpal.

The Lokpal also considers:

Comments of the competent authority.
Comments of the public servant.

Decisions After Investigation

After considering the report, the Lokpal may:

A. Grant Prosecution Sanction

Authorize:

Its Prosecution Wing; or
The investigating agency,

to file a charge-sheet before the Special Court.

Direct filing of a closure report if no case is made out.

B. Departmental Action

Direct the competent authority to:

Initiate departmental proceedings, or
Take any other appropriate administrative action.

Prosecution Before Special Court

After granting sanction, the Lokpal may direct:

Its Prosecution Wing, or
The investigating agency,

to initiate prosecution before the Special Court.

Safe Custody of Documents

During:

Preliminary inquiry, or
Investigation,

the Lokpal may order safe custody of relevant:

Documents,
Records,
Evidence.

Display of Complaint Status

The Lokpal’s website shall display:

Number of pending complaints.
Number of disposed complaints.

The manner of publication shall be prescribed by regulations.

Retention of Original Records

The Lokpal may retain original:

Records,
Documents,
Evidence,

whenever they are required for:

Inquiry,
Investigation,
Trial before the Special Court.

Procedure by Regulations

Except where specifically provided in the Act, the detailed procedure regarding:

Preliminary inquiry,
Investigation,
Documents to be supplied to the public servant,

shall be prescribed by Lokpal Regulations.

Time Limits Under Section 20

Stage	Time Limit
Preliminary Inquiry Report by Inquiry Wing/Agency	60 days
Completion of Preliminary Inquiry	90 days
Maximum Extension of Preliminary Inquiry	Additional 90 days
Investigation	6 months
Extension of Investigation	Additional 6 months at a time

Authorities Involved

Authority	Function
Lokpal	Receives complaint and supervises proceedings
Inquiry Wing	Conducts preliminary inquiry
Central Vigilance Commission (CVC)	Preliminary inquiry for Group A–D officers as referred
Delhi Special Police Establishment (CBI)	Investigation
Competent Authority	Gives comments and conducts departmental proceedings
Prosecution Wing	Files prosecution before Special Court
Special Court	Conducts criminal trial

Flow Chart

Complaint Received

⬇

Lokpal examines complaint

⬇

Preliminary Inquiry or Direct Investigation

⬇

Inquiry Wing / CVC / CBI collects evidence

⬇

Report submitted to Lokpal

⬇

Bench of at least 3 Members examines report

⬇

Possible outcomes:

Investigation
Departmental Proceedings
Closure of Complaint

⬇

Investigation completed

⬇

Report submitted to Court and Lokpal

⬇

Lokpal decides:

Charge-sheet before Special Court
Closure Report
Departmental Action

Key Examination Points

Section 20 prescribes the complete procedure for handling complaints of corruption.
The Lokpal may order a preliminary inquiry or a direct investigation if a prima facie case exists.
Complaints relating to Group A, B, C, and D officers may be referred to the Central Vigilance Commission (CVC).
Before ordering an investigation, the public servant must ordinarily be given an opportunity to explain, without affecting urgent search and seizure operations.
The preliminary inquiry report should be submitted within 60 days, and the inquiry should ordinarily be completed within 90 days, extendable by another 90 days.
Investigation should ordinarily be completed within 6 months, extendable by another 6 months at a time with recorded reasons.
After the investigation, the Lokpal may order prosecution before the Special Court, departmental proceedings, or closure of the complaint.
The Lokpal may keep documents in safe custody, retain original records for inquiry or trial, and publish the status of complaints on its official website.

Sections 21–24 – Hearing of Persons, Power to Obtain Information, Sanction for Prosecution and Action Against Prime Minister, Ministers and MPs

(Lokpal and Lokayuktas Act, 2013)

Section 21 – Persons Likely to be Prejudicially Affected to be Heard

Purpose

Section 21 protects the rights and reputation of persons who are not accused but may be affected during a preliminary inquiry.

It ensures that the principles of natural justice are followed.

When Does Section 21 Apply?

The Lokpal must give an opportunity of hearing if:

1. Inquiry into Conduct of Another Person

During the proceedings, the Lokpal considers it necessary to examine the conduct of any person other than the accused.

2. Reputation May Be Harmed

The Lokpal believes that the reputation of a person (other than the accused) is likely to be adversely affected by the preliminary inquiry.

Rights of Such Person

Before taking any adverse action, the Lokpal shall give that person:

A reasonable opportunity of being heard.
The right to produce evidence in his or her defence.
A fair hearing in accordance with the principles of natural justice.

Meaning of Principles of Natural Justice

Natural justice means:

Right to be heard (Audi Alteram Partem).
No person should be condemned without being given an opportunity to defend himself.
Fair and impartial procedure.

Quick Revision Table – Section 21

Particular	Provision
Purpose	Protect rights and reputation of persons other than the accused
Applies When	Conduct is examined or reputation may be affected
Right Given	Opportunity of hearing
Defence Allowed	Yes, evidence may be produced
Principle Followed	Natural Justice

Section 22 – Lokpal May Require Information or Documents

Purpose

Section 22 empowers the Lokpal to collect all relevant information necessary for conducting a proper inquiry or investigation.

Power of Lokpal

During:

Preliminary inquiry, or
Investigation,

the Lokpal or the investigating agency may require any person to provide relevant information.

Who Can Be Directed?

The power extends to:

Any public servant.
Any other person.

What Can Be Required?

The Lokpal may require such person to:

Furnish information.
Produce documents.
Submit records relevant to the inquiry or investigation.

Condition

The information or documents must be relevant to the pending inquiry or investigation.

Quick Revision Table – Section 22

Particular	Provision
Authority	Lokpal or Investigating Agency
Applies During	Preliminary Inquiry and Investigation
Persons Covered	Public Servants and Any Other Person
Power	Call for information, documents and records

Section 23 – Power of Lokpal to Grant Sanction for Prosecution

Purpose

Section 23 authorises the Lokpal to grant sanction for prosecution against a public servant in corruption cases.

Normally, prosecution of a public servant requires prior sanction from the competent authority. Under this section, the Lokpal itself grants such sanction in cases covered by the Act.

Overriding Effect

Section 23 begins with a non-obstante clause, meaning it overrides certain provisions of other laws.

It overrides:

Section 197 of the Code of Criminal Procedure, 1973.
Section 6A of the Delhi Special Police Establishment Act, 1946.
Section 19 of the Prevention of Corruption Act, 1988.

Power to Grant Sanction

The Lokpal has the power to grant sanction for prosecution under Section 20(7)(a) after considering the investigation report.

Previous Sanction is Mandatory

No prosecution shall be initiated against a public servant for acts committed while discharging official duties unless:

Previous sanction of the Lokpal has been obtained.

Similarly, no court shall take cognizance of such offence without the prior sanction of the Lokpal.

Exception

These provisions do not apply to persons who hold constitutional offices where the Constitution itself provides a special procedure for removal.

Examples include constitutional authorities whose removal is governed by constitutional provisions.

Constitutional Safeguards Continue

Section 23 does not affect:

Article 311 of the Constitution (protection of civil servants against dismissal, removal or reduction in rank).
Article 320(3)(c) (consultation with the Union Public Service Commission on disciplinary matters where applicable).

These constitutional protections remain unaffected.

Quick Revision Table – Section 23

Particular	Provision
Purpose	Sanction for prosecution
Granted By	Lokpal
Applies To	Public servants accused of corruption
Previous Sanction Required	Yes
Court Can Take Cognizance	Only after Lokpal’s sanction
Constitutional Offices	Excluded where Constitution provides removal procedure
Constitutional Provisions Protected	Articles 311 and 320(3)(c)

Section 24 – Action After Investigation Against Prime Minister, Ministers and Members of Parliament

Purpose

Section 24 lays down the action to be taken after the investigation is completed against:

Prime Minister,
Union Ministers, or
Members of Parliament.

When Does Section 24 Apply?

It applies where, after completing the investigation, the Lokpal finds that the concerned public servant has committed an offence under the Prevention of Corruption Act, 1988.

The section covers persons mentioned in:

Section 14(1)(a) – Prime Minister.
Section 14(1)(b) – Union Ministers.
Section 14(1)(c) – Members of Parliament.

Powers of the Lokpal

If corruption is disclosed, the Lokpal may:

1. File a Case Before the Special Court

The Lokpal may initiate criminal proceedings by filing the case before the Special Court.

2. Send Report to Competent Authority

The Lokpal shall forward:

A copy of the investigation report, and
Its findings,

to the competent authority for further action.

Quick Revision Table – Section 24

Particular	Provision
Applies To	Prime Minister, Union Ministers and Members of Parliament
Condition	Investigation establishes offence under the Prevention of Corruption Act, 1988
Court	Special Court
Additional Action	Copy of report and findings sent to competent authority

Difference Between Sections 21–24

Section	Subject
Section 21	Opportunity of hearing to persons whose conduct or reputation may be affected
Section 22	Power to require information and documents
Section 23	Lokpal’s power to grant sanction for prosecution
Section 24	Action after investigation against the Prime Minister, Ministers and Members of Parliament

Key Examination Points

Section 21 ensures that if the conduct or reputation of a person other than the accused is likely to be affected, the Lokpal must provide a reasonable opportunity of hearing and allow that person to produce evidence in defence, following the principles of natural justice.
Section 22 empowers the Lokpal or the investigating agency to require any public servant or any other person to furnish information or produce documents relevant to a preliminary inquiry or investigation.
Section 23 gives the Lokpal the authority to grant sanction for prosecution of a public servant, overriding certain provisions of the Code of Criminal Procedure, the Delhi Special Police Establishment Act, and the Prevention of Corruption Act. However, it does not apply to constitutional office holders whose removal is governed by the Constitution, and it does not affect the safeguards under Articles 311 and 320(3)(c).
Section 24 provides that if an investigation reveals an offence under the Prevention of Corruption Act, 1988 by the Prime Minister, a Union Minister, or a Member of Parliament, the Lokpal may file the case before the Special Court and must send a copy of its report and findings to the competent authority.

Chapter VIII – Powers of Lokpal

Sections 25–27 (Quick Revision Notes)

Lokpal and Lokayuktas Act, 2013

Section 25 – Supervisory Powers of the Lokpal

Purpose

Section 25 gives the Lokpal supervisory and monitoring powers over the Delhi Special Police Establishment (DSPE/CBI) and provides oversight over cases referred to the Central Vigilance Commission (CVC).

The objective is to ensure that investigations are fair, independent, effective, and completed without unnecessary delay.

Supervisory Powers over DSPE (CBI)

The Lokpal has the power of:

Superintendence over the Delhi Special Police Establishment (CBI).
Issuing directions to the DSPE regarding cases referred to it by the Lokpal for:
- Preliminary inquiry, or
- Investigation.

These powers override:

Section 4 of the Delhi Special Police Establishment Act, 1946, and
Section 8 of the Central Vigilance Commission Act, 2003.

Limitation on Lokpal’s Powers

Although the Lokpal supervises investigations, it cannot direct the investigating agency to investigate or dispose of a case in a particular manner.

This protects the independence of the investigation.

Monitoring of Complaints by CVC

The Central Vigilance Commission (CVC) must:

Send periodic reports or statements to the Lokpal regarding:
- Complaints referred by the Lokpal.
- Action taken on those complaints.

After receiving these reports, the Lokpal may issue:

Guidelines.
Directions for speedy and effective disposal of complaints.

Transfer of Investigating Officer

An officer of the Delhi Special Police Establishment (CBI) investigating a case referred by the Lokpal:

Cannot be transferred without the prior approval of the Lokpal.

This provision protects the independence and continuity of the investigation.

Appointment of Advocates

The Delhi Special Police Establishment may, with the consent of the Lokpal, appoint:

A panel of Advocates,
Other than Government Advocates,

for conducting prosecution in cases referred by the Lokpal.

Financial Assistance

The Central Government shall provide necessary funds to the Director of the DSPE (CBI) for:

Conducting investigations referred by the Lokpal.

The Director of the DSPE is responsible for:

Proper utilisation and expenditure of these funds.

Quick Revision Table – Section 25

Particular	Provision
Subject	Supervisory powers of Lokpal
Supervises	Delhi Special Police Establishment (CBI)
Can Issue Directions	Yes
Can Direct Outcome of Investigation	No
CVC Must Submit Reports	Yes
Transfer of Investigating Officer	Requires Lokpal’s approval
Appointment of Advocates	With Lokpal’s consent
Investigation Funds	Provided by Central Government

Section 26 – Search and Seizure

Purpose

Section 26 empowers the Lokpal to authorise search and seizure of documents relevant to an investigation.

Power to Authorise Search

If the Lokpal has reason to believe that relevant documents are:

Hidden,
Concealed, or
Secreted at any place,

it may authorise the investigating agency, including the Delhi Special Police Establishment (CBI), to:

Search the premises.
Seize the relevant documents.

Retention of Seized Documents

If the Lokpal is satisfied that the seized documents are:

Relevant to the investigation, and
Likely to be used as evidence,

it may:

Retain the documents in its custody; or
Direct an authorised officer to retain them until completion of the investigation.

Return of Documents

Where the original documents are required to be returned:

The Lokpal may:

Keep authenticated copies of the documents; and
Return the original documents to the concerned person.

Quick Revision Table – Section 26

Particular	Provision
Subject	Search and seizure
Authorised By	Lokpal
Executed By	Investigating Agency / CBI
Purpose	Collection of evidence
Custody	Lokpal or authorised officer
Original Documents	May be returned after keeping authenticated copies

Section 27 – Powers of Civil Court

Purpose

Section 27 grants the Inquiry Wing of the Lokpal powers similar to those of a Civil Court while conducting a preliminary inquiry.

These powers help the Lokpal collect evidence and conduct inquiries effectively.

Civil Court Powers

During a preliminary inquiry, the Inquiry Wing may exercise the following powers:

1. Summon Persons

Summon any person.
Enforce attendance.
Examine witnesses on oath.

2. Discovery and Production of Documents

Require any person to:

Produce documents.
Produce records relevant to the inquiry.

3. Receive Evidence on Affidavit

The Inquiry Wing may accept:

Evidence submitted through affidavits.

4. Requisition Public Records

The Inquiry Wing may obtain:

Public records, or
Certified copies of public records,

from any court or public office.

5. Issue Commissions

The Inquiry Wing may issue commissions for:

Examination of witnesses.
Examination of documents.

A commission for examining a witness may be issued only when the witness cannot personally appear before the Lokpal.

6. Other Prescribed Powers

The Inquiry Wing may exercise any additional powers prescribed under the rules or regulations.

Judicial Proceedings

Every proceeding before the Lokpal is deemed to be a judicial proceeding.

This means:

Giving false evidence or making false statements during proceedings attracts liability under Section 193 of the Indian Penal Code, 1860 (now corresponding provisions under the Bharatiya Nyaya Sanhita, where applicable).

Quick Revision Table – Section 27

Civil Court Power	Purpose
Summon persons	Attendance and examination on oath
Discovery of documents	Collection of evidence
Receive affidavits	Accept written evidence
Requisition public records	Obtain official records
Issue commissions	Examine witnesses/documents unable to appear
Other prescribed powers	As provided by rules

Difference Between Sections 25–27

Section	Subject Matter
Section 25	Supervisory powers of the Lokpal over CBI and monitoring of CVC
Section 26	Search and seizure of documents
Section 27	Civil Court powers of the Inquiry Wing

Key Examination Points

Section 25 gives the Lokpal supervisory powers over the Delhi Special Police Establishment (CBI) in cases referred by it. However, the Lokpal cannot direct the investigating agency to investigate or decide a case in a particular manner.
The Central Vigilance Commission (CVC) must periodically report to the Lokpal on complaints referred to it, and the Lokpal may issue guidelines for their speedy disposal.
An investigating officer of the CBI handling a Lokpal-referred case cannot be transferred without the prior approval of the Lokpal.
Section 26 authorises the Lokpal to permit search and seizure of documents relevant to an investigation and to retain such documents as evidence until the investigation is complete. Authenticated copies may be kept before returning the originals.
Section 27 confers on the Inquiry Wing the powers of a Civil Court during a preliminary inquiry, including summoning witnesses, requiring production of documents, receiving evidence on affidavit, requisitioning public records, and issuing commissions.
Proceedings before the Lokpal are treated as judicial proceedings, making false evidence punishable under the applicable criminal law.

Chapter VIII – Powers of Lokpal

Sections 28–30 (Quick Revision Notes)

Lokpal and Lokayuktas Act, 2013

Section 28 – Power of Lokpal to Utilise Services of Officers of Central or State Government

Purpose

Section 28 empowers the Lokpal to use the services of officers, organisations, or investigating agencies of the Central Government or State Government for conducting preliminary inquiries or investigations.

Power to Utilise Government Agencies

For any preliminary inquiry or investigation, the Lokpal may utilise the services of:

Officers of the Central Government.
Officers of the State Government.
Government organisations.
Investigating agencies.

This enables the Lokpal to obtain expert assistance whenever required.

Powers of the Utilised Officers/Agencies

While working under the superintendence and direction of the Lokpal, such officers or agencies may:

Summon any person.
Enforce attendance of witnesses.
Examine persons.
Require discovery and production of documents.
Requisition public records or certified copies from any office.

Submission of Report

After completing the inquiry or investigation, the officer or agency must:

Submit a report to the Lokpal.
Submit it within the time period specified by the Lokpal.

Quick Revision Table – Section 28

Particular	Provision
Subject	Use of Government officers/agencies
Agencies that may assist	Central Government, State Government, Organisations, Investigating Agencies
Powers	Summon persons, examine witnesses, call documents, requisition public records
Works Under	Superintendence and direction of Lokpal
Report	Must be submitted within the time fixed by Lokpal

Section 29 – Provisional Attachment of Assets

Purpose

Section 29 empowers the Lokpal to temporarily attach (freeze) property that is suspected to be proceeds of corruption, so that it cannot be hidden, transferred, or disposed of during the investigation.

Conditions for Provisional Attachment

The Lokpal or an authorised officer may attach property only if there is reason to believe (recorded in writing) that:

A person possesses proceeds of corruption.
The person is accused of a corruption offence.
The property is likely to be:
- Concealed,
- Transferred,
- Sold, or
- Otherwise dealt with in a way that may frustrate confiscation proceedings.

Period of Attachment

The property may be provisionally attached for:

Up to 90 days from the date of the attachment order.

The attachment is made according to the Second Schedule of the Income-tax Act, 1961.

Reference to Special Court

Immediately after attaching the property, the Lokpal must:

Send a copy of the attachment order.
Forward supporting material and evidence.

These documents are sent to the Special Court in a sealed envelope.

The Special Court may:

Extend the attachment period.
Retain the records for an appropriate period.

Expiry of Attachment

The attachment automatically ends:

After the expiry of 90 days; or
After the expiry of any extended period allowed by the Special Court.

Right of Enjoyment of Property

Even if an immovable property is attached:

The interested person may continue to enjoy or use the property,
Unless otherwise restricted by law.

Person interested includes anyone who claims a legal interest in the property.

Quick Revision Table – Section 29

Particular	Provision
Subject	Provisional attachment of assets
Purpose	Prevent disposal or concealment of corrupt assets
Authority	Lokpal or authorised officer
Conditions	Proceeds of corruption + accused + likelihood of concealment/transfer
Maximum Initial Period	90 days
Approval	Special Court may extend attachment
Rights of Owner	Enjoyment of immovable property generally continues

Section 30 – Confirmation of Attachment of Assets

Purpose

Section 30 deals with the confirmation of provisional attachment by the Special Court and the final disposal of the attached property.

Application Before Special Court

Within 30 days of attaching the property, the Lokpal must:

Direct its Prosecution Wing to file an application before the Special Court.
Request confirmation of the attachment until completion of the criminal proceedings.

Confirmation by Special Court

The Special Court may confirm the attachment if it is satisfied that:

The property was acquired through corrupt means.

The attachment continues until the criminal proceedings are completed.

If the Public Servant is Acquitted

If the accused public servant is found not guilty:

The attached property must be restored.
Any benefits or income earned from the property during attachment shall also be returned, subject to the orders of the Special Court.

If the Public Servant is Convicted

If the accused public servant is convicted:

The proceeds of corruption shall be confiscated.
The property shall vest in the Central Government.
It becomes free from all encumbrances or leasehold interests.

Exception: Genuine debts owed to a bank or financial institution are protected.

Quick Revision Table – Section 30

Particular	Provision
Subject	Confirmation of attached assets
Application Filed By	Lokpal’s Prosecution Wing
Time Limit	Within 30 days of provisional attachment
Decided By	Special Court
If Acquitted	Property and benefits restored
If Convicted	Property confiscated and vested in Central Government
Exception	Lawful debts due to banks/financial institutions protected

Difference Between Sections 28–30

Section	Subject Matter
Section 28	Lokpal may use officers and agencies of Central/State Governments for inquiry or investigation.
Section 29	Lokpal may provisionally attach assets suspected to be proceeds of corruption for up to 90 days.
Section 30	Special Court confirms attachment; property is restored on acquittal or confiscated on conviction.

Key Examination Points

Section 28 allows the Lokpal to utilise the services of Central Government officers, State Government officers, organisations, and investigating agencies. These officers work under the superintendence and direction of the Lokpal and have powers to summon witnesses, require documents, and requisition public records.
Section 29 empowers the Lokpal to provisionally attach assets believed to be proceeds of corruption when there is a risk that they may be concealed or transferred. The initial attachment can remain in force for a maximum of 90 days, subject to extension by the Special Court.
After provisional attachment, the Lokpal must immediately send the attachment order and supporting material to the Special Court, which may extend the attachment.
Section 30 requires the Lokpal’s Prosecution Wing to apply to the Special Court within 30 days for confirmation of the attachment.
If the accused public servant is acquitted, the attached property and any benefits earned from it are restored. If the accused is convicted, the corrupt assets are confiscated and vest in the Central Government, while genuine debts due to banks or financial institutions remain protected.

Chapter VIII – Powers of Lokpal

Sections 31–34 (Quick Revision Notes)

Lokpal and Lokayuktas Act, 2013

Section 31 – Confiscation of Assets, Proceeds, Receipts and Benefits in Special Circumstances

Purpose

Section 31 empowers the Special Court to confiscate assets obtained through corruption even before the trial is completed, where there is sufficient prima facie evidence.

This provision ensures that corrupt public servants do not enjoy the benefits of illegally acquired property during the trial.

When Can the Special Court Confiscate Property?

The Special Court may order confiscation if:

There is prima facie evidence that the assets, proceeds, receipts or benefits have been obtained through corruption.
The Court has reason to believe or is satisfied that the property is the result of corrupt activities.

The confiscation remains in force until the public servant is acquitted.

If the Public Servant is Acquitted

If:

The High Court modifies or cancels the confiscation order; or
The Special Court acquits the public servant,

then:

All confiscated assets must be returned.

If returning the property is not possible:

The Government must pay the value of the property.
Interest at 5% per annum is also payable from the date of confiscation.

Quick Revision Table – Section 31

Particular	Provision
Subject	Confiscation of corrupt assets in special circumstances
Authority	Special Court
Basis	Prima facie evidence of corruption
Duration	Till acquittal of the accused
If Acquitted	Property returned or value paid with 5% annual interest

Section 32 – Power of Lokpal to Recommend Transfer or Suspension

Purpose

Section 32 enables the Lokpal to recommend the transfer or suspension of a public servant during a preliminary inquiry when it is necessary to protect the investigation.

When Can the Lokpal Make Such Recommendation?

During a preliminary inquiry, if the Lokpal is prima facie satisfied that:

The public servant’s continuation in office may adversely affect the inquiry; or
The public servant may:
- Destroy evidence,
- Tamper with records,
- Influence witnesses,

the Lokpal may recommend appropriate action.

Who Can Be Covered?

This provision applies to public servants covered under:

Section 14(1)(d) – Group A officers.
Section 14(1)(e) – Group B, C and D officials (as applicable under the Act).
Section 14(1)(f) – Officers or employees of Government-controlled bodies, boards, corporations, companies, societies, trusts or autonomous bodies.

Recommendation to Central Government

The Lokpal may recommend:

Transfer of the public servant.
Suspension of the public servant.

The recommendation remains effective for the period specified by the Lokpal.

Duty of the Central Government

The Central Government should ordinarily accept the recommendation.

It may refuse only:

For valid administrative reasons.
Such reasons must be recorded in writing.

Quick Revision Table – Section 32

Particular	Provision
Subject	Transfer or suspension of public servant
Recommended By	Lokpal
Recommendation Made To	Central Government
Grounds	Affecting inquiry, destroying evidence, influencing witnesses
Government’s Duty	Normally accept recommendation
Refusal	Only for recorded administrative reasons

Section 33 – Power to Prevent Destruction of Records

Purpose

Section 33 empowers the Lokpal to protect evidence during a preliminary inquiry.

Directions that Lokpal May Issue

The Lokpal may direct a public servant responsible for records:

Protection of Records

Protect documents and records from destruction or damage.

Prevent Alteration

Prevent alteration, concealment or secreting of documents.

Prevent Disposal of Assets

Prevent transfer, sale or alienation of assets allegedly acquired through corruption.

Objective

To preserve:

Documentary evidence.
Official records.
Suspected corrupt assets.

Quick Revision Table – Section 33

Particular	Provision
Subject	Protection of records and assets
Directions Issued To	Public servant having custody of records
Purpose	Preserve evidence
Prevents	Destruction, alteration, concealment of records and transfer of corrupt assets

Section 34 – Power to Delegate

Purpose

Section 34 enables the Lokpal to delegate certain powers for efficient administration.

Delegation of Powers

The Lokpal may, through a general or special written order, delegate:

Administrative powers.
Financial powers.

These powers may be delegated to:

Members of the Lokpal.
Officers.
Employees.

Conditions

Delegation is:

Subject to conditions.
Subject to limitations mentioned in the written order.

The Lokpal remains the overall supervisory authority.

Quick Revision Table – Section 34

Particular	Provision
Subject	Delegation of powers
Delegated By	Lokpal
Powers That May Be Delegated	Administrative and financial powers
Delegated To	Members, officers and employees
Mode	General or special written order

Difference Between Sections 31–34

Section	Subject Matter
Section 31	Confiscation of assets obtained through corruption in special circumstances by the Special Court.
Section 32	Lokpal may recommend transfer or suspension of a public servant during inquiry.
Section 33	Lokpal may issue directions to protect records and prevent destruction of evidence or transfer of corrupt assets.
Section 34	Lokpal may delegate its administrative and financial powers to Members, officers or employees.

Key Examination Points

Section 31 empowers the Special Court to confiscate assets, proceeds, receipts and benefits believed to have been obtained through corruption on the basis of prima facie evidence. If the accused is acquitted or the confiscation order is set aside, the property must be returned or its value paid with 5% annual interest.
Section 32 allows the Lokpal to recommend the transfer or suspension of a public servant if his or her continued presence may affect the inquiry, destroy evidence, or influence witnesses. The Central Government should normally accept the recommendation and may refuse only for recorded administrative reasons.
Section 33 authorises the Lokpal to protect evidence by directing public servants to preserve records, prevent their alteration or concealment, and stop the transfer or disposal of assets suspected to be acquired through corruption.
Section 34 authorises the Lokpal to delegate its administrative and financial powers to its Members, officers or employees through a written general or special order, subject to specified conditions and limitations.

Chapter IX – Special Courts

Sections 35–36 (Quick Revision Notes)

Lokpal and Lokayuktas Act, 2013

Section 35 – Constitution of Special Courts

Purpose

Section 35 provides for the establishment of Special Courts to ensure the speedy trial of corruption cases under:

The Prevention of Corruption Act, 1988, and
The Lokpal and Lokayuktas Act, 2013.

Constitution of Special Courts

The Central Government shall:

Constitute the required number of Special Courts.
The number of courts is decided on the recommendation of the Lokpal.

Jurisdiction of Special Courts

The Special Courts hear and decide cases arising under:

The Prevention of Corruption Act, 1988.
The Lokpal and Lokayuktas Act, 2013.

Time Limit for Trial

Every Special Court should:

Complete the trial within one year from the date the case is filed.

Extension of Time

If the trial cannot be completed within one year:

The Special Court must record reasons in writing.
It may extend the trial by 3 months at a time.

However:

Each extension must be supported by written reasons.
The total period of trial cannot exceed two years.

Quick Revision Table – Section 35

Particular	Provision
Subject	Constitution of Special Courts
Constituted By	Central Government
Recommendation By	Lokpal
Cases Heard	Prevention of Corruption Act, 1988 and Lokpal Act
Normal Time Limit	1 year
Extension	3 months at a time with written reasons
Maximum Time Limit	2 years

Section 36 – Letter of Request to a Contracting State

Purpose

Section 36 enables the Special Court to obtain evidence located in a foreign country (Contracting State) during a preliminary inquiry, investigation, or other proceedings.

This provision facilitates international cooperation in corruption investigations.

When Can a Letter of Request Be Issued?

A letter of request may be issued when:

An authorised officer of the Lokpal applies to the Special Court.
The Court is satisfied that evidence required for the inquiry or investigation is available in a Contracting State (foreign country having a treaty or agreement with India).

What Can the Special Court Request?

The Special Court may request the foreign court or competent authority to:

Examine the facts and circumstances of the case.
Take specific investigative steps mentioned in the request.
Collect evidence and send it to the Special Court in India.

Transmission of Letter

The letter of request shall be transmitted:

In the manner prescribed by the Central Government.

Status of Foreign Evidence

Any:

Statement,
Document, or
Material received

from the foreign country shall be treated as evidence collected during the preliminary inquiry or investigation.

Quick Revision Table – Section 36

Particular	Provision
Subject	Letter of request to a foreign (Contracting) State
Issued By	Special Court
Application Made By	Authorised officer of Lokpal
Purpose	Collection of evidence from abroad
Foreign Authority May	Examine facts, collect evidence, send documents
Transmission	As prescribed by Central Government
Legal Status of Evidence	Treated as evidence collected during inquiry/investigation

Difference Between Sections 35 and 36

Section	Subject Matter
Section 35	Constitution of Special Courts and time limit for corruption trials.
Section 36	Procedure for obtaining evidence from a foreign Contracting State through a Letter of Request.

Key Examination Points

Section 35 requires the Central Government, on the recommendation of the Lokpal, to establish Special Courts for trying offences under the Prevention of Corruption Act, 1988 and the Lokpal and Lokayuktas Act, 2013.
Every Special Court should ordinarily complete a trial within one year. If this is not possible, it may extend the trial by periods of three months, recording reasons in writing each time, but the total duration cannot exceed two years.
Section 36 allows the Special Court to issue a Letter of Request to a Contracting State (a foreign country having a treaty or mutual legal assistance arrangement with India) for obtaining evidence required during a preliminary inquiry or investigation.
The foreign authority may examine facts, collect evidence, and forward statements, documents, or other material to the Special Court. Such material is treated as valid evidence collected during the inquiry or investigation under the Act.

Chapter X – Complaints Against Chairperson, Members and Officials of Lokpal

Sections 37–38 (Quick Revision Notes)

Lokpal and Lokayuktas Act, 2013

Section 37 – Removal and Suspension of Chairperson and Members of Lokpal

Purpose

Section 37 lays down the procedure for the removal and suspension of the Chairperson and Members of the Lokpal. It ensures their independence while providing a mechanism to remove them in cases of misconduct or incapacity.

Complaint Against Chairperson or Members

The Lokpal cannot inquire into any complaint against its own Chairperson or Members.
Complaints against them are dealt with through the President of India and the Supreme Court.

Removal on the Ground of Misbehaviour

The President may remove the Chairperson or a Member only after the following procedure:

Step 1 – Petition

A petition must be signed by at least 100 Members of Parliament (MPs).

Step 2 – Reference to Supreme Court

The President refers the matter to the Supreme Court for inquiry.

Step 3 – Inquiry by Supreme Court

The Supreme Court conducts an inquiry according to the prescribed procedure.

Step 4 – Report

If the Supreme Court reports that the Chairperson or Member should be removed for misbehaviour, the President may remove him/her from office.

Suspension During Inquiry

While the inquiry is pending:

The President may suspend the Chairperson or Member.
Suspension is based on the recommendation or interim order of the Supreme Court.
Suspension continues until the President passes the final order after receiving the Supreme Court’s report.

Removal Without Supreme Court Inquiry

The President may remove the Chairperson or a Member directly if he/she:

1. Is declared insolvent.

2. Accepts any paid employment outside official duties during the tenure.

3. Is medically unfit due to:

Mental infirmity, or
Physical infirmity.

Conflict of Interest

A Chairperson or Member is deemed guilty of misbehaviour if he/she:

Has any direct or indirect interest in a Government contract or agreement.
Shares profits or financial benefits from such contracts.

Exception: Merely being a shareholder/member of an incorporated company along with others does not amount to misbehaviour.

Quick Revision Table – Section 37

Particular	Provision
Subject	Removal and suspension of Chairperson and Members
Lokpal Can Inquire Against Its Own Members	No
Removal Authority	President of India
Inquiry Conducted By	Supreme Court
Petition Required	Signed by at least 100 MPs
Suspension During Inquiry	Yes, by President on Supreme Court’s recommendation
Direct Removal Grounds	Insolvency, paid employment, mental/physical incapacity
Conflict of Interest	Treated as misbehaviour

Section 38 – Complaints Against Officials of Lokpal

Purpose

Section 38 provides the procedure for dealing with complaints against:

Officers of the Lokpal.
Employees of the Lokpal.
Agencies associated with the Lokpal (including the Delhi Special Police Establishment (CBI)).

Scope

The provision applies where allegations relate to:

Corruption punishable under the Prevention of Corruption Act, 1988, or
Any other wrongdoing.

Time Limit for Inquiry

The Lokpal must complete the inquiry:

Within 30 days from the date of receiving the complaint.

Suspension During Inquiry

If the Lokpal is prima facie satisfied that:

The official’s continuation may adversely affect the inquiry; or
The official may destroy evidence or influence witnesses,

the Lokpal may:

Suspend the officer or employee; or
Remove the associated agency from its responsibilities during the inquiry.

Action After Inquiry

If prima facie evidence of corruption or wrongdoing is found:

Within 15 days after completion of the inquiry, the Lokpal shall:

Order prosecution of the concerned official or agency, and
Initiate disciplinary proceedings.

Opportunity of Hearing

Before passing any order:

The concerned officer, employee or agency must be given a reasonable opportunity of being heard.

This follows the principles of natural justice.

Quick Revision Table – Section 38

Particular	Provision
Subject	Complaints against Lokpal officials
Applies To	Officers, employees and associated agencies (including CBI)
Inquiry Time Limit	30 days
Suspension During Inquiry	Allowed
Grounds for Suspension	Affecting inquiry, destroying evidence, influencing witnesses
Action After Inquiry	Prosecution and disciplinary proceedings
Time for Action	Within 15 days after inquiry
Right of Hearing	Mandatory before any adverse order

Difference Between Sections 37 and 38

Section	Subject Matter
Section 37	Removal and suspension of the Chairperson and Members of the Lokpal by the President, based on a Supreme Court inquiry (except in specified cases of direct removal).
Section 38	Procedure for dealing with complaints against Lokpal officers, employees and associated agencies, including inquiry, suspension, prosecution and disciplinary action.

Key Examination Points

Section 37 states that the Lokpal cannot investigate complaints against its own Chairperson or Members.
The President of India may remove the Chairperson or a Member for misbehaviour only after a Supreme Court inquiry initiated on a petition signed by at least 100 Members of Parliament.
During the inquiry, the President may suspend the Chairperson or Member on the recommendation or interim order of the Supreme Court.
The President may also remove the Chairperson or a Member without a Supreme Court inquiry if the person is declared insolvent, engages in paid employment outside official duties, or becomes mentally or physically unfit.
Having a financial interest in Government contracts is treated as misbehaviour, except where the interest arises merely as a member of an incorporated company.
Section 38 applies to Lokpal officials, employees and associated agencies (including the CBI). The Lokpal must complete the inquiry within 30 days.
If there is prima facie evidence of corruption or wrongdoing, the Lokpal may suspend the official, order prosecution, and initiate disciplinary proceedings within 15 days after the inquiry, while ensuring the concerned person is given a reasonable opportunity of being heard.

Chapter XI – Assessment of Loss and Recovery by Special Court

Section 39 – Assessment of Loss and Recovery Thereof by Special Court (Quick Revision Notes)

Lokpal and Lokayuktas Act, 2013

Section 39 – Assessment of Loss and Recovery by Special Court

Purpose

Section 39 empowers the Special Court to assess the financial loss caused to the Government (public exchequer) due to corruption committed by a public servant and to order recovery of that loss.

This provision ensures that, besides criminal punishment, the Government can also recover the financial loss caused by corrupt acts.

When Does Section 39 Apply?

This section applies when:

A public servant is convicted by the Special Court for an offence under the Prevention of Corruption Act, 1988.

Only after conviction can the Special Court exercise this power.

Power of the Special Court

After conviction, the Special Court may:

Assess the financial loss caused to the public exchequer (Government treasury).
Determine whether the loss resulted from the actions or decisions of the convicted public servant.
Order recovery of the loss from the convicted public servant, if:
- The loss can be calculated (quantifiable), and
- Recovery is possible.

Condition

The Court must find that:

The public servant’s actions or decisions were not taken in good faith, and
Those actions caused financial loss to the Government.

Recovery from Beneficiaries

If the Special Court finds that:

The loss resulted from a criminal conspiracy between the public servant and one or more beneficiaries,

then the Court may also order recovery:

From those beneficiaries.
In proportion to the benefit received by each of them.

The Court must record reasons in writing before passing such an order.

Meaning of Public Exchequer

Public Exchequer means:

Government funds.
Government treasury.
Public money belonging to the Central or State Government.

Quick Revision Table – Section 39

Particular	Provision
Subject	Assessment of loss and recovery
Applies After	Conviction under the Prevention of Corruption Act, 1988
Authority	Special Court
Recovery From	Convicted public servant
Additional Recovery	Beneficiaries involved in conspiracy
Condition	Loss must be assessable (quantifiable) and recoverable
Requirement	Court must record reasons in writing before recovering from beneficiaries

Key Points

Applies only after conviction of a public servant under the Prevention of Corruption Act, 1988.
The Special Court assesses the financial loss caused to the Government.
Recovery can be ordered only if the loss is quantifiable and capable of being recovered.
The loss must have resulted from actions or decisions not taken in good faith.
If the loss occurred due to a conspiracy involving the public servant and beneficiaries, the Court may recover the loss proportionately from those beneficiaries.
Recovery under this section is in addition to criminal punishment and does not affect any other legal remedy available under other laws.

One-Line Revision

Section 39 empowers the Special Court, after convicting a public servant for corruption, to assess the financial loss caused to the Government and recover that loss from the convicted public servant and, where applicable, from beneficiaries involved in the corrupt conspiracy.

Chapter XII – Finance, Accounts and Audit (Sections 40–43)

Quick Revision Notes (Simple English)

Section	Provision	Simple Notes
Section 40	Budget	• Every financial year, the Lokpal prepares its budget for the next financial year.• The budget includes estimated income (receipts) and estimated expenditure (expenses).• The budget is prepared in the prescribed format and time.• It is forwarded to the Central Government for information.
Section 41	Grants by Central Government	• The Central Government provides financial grants to the Lokpal.• Grants are released only after Parliament approves the expenditure through law (appropriation).• The money is used for: – Salary and allowances of the Chairperson and Members. – Administrative expenses. – Salary, allowances and pension of Lokpal officers and employees.
Section 42	Annual Statement of Accounts & Audit	Maintenance of Accounts• Lokpal must maintain proper accounts and financial records.• It prepares an Annual Statement of Accounts in the prescribed form.• The format is decided by the Central Government in consultation with the Comptroller and Auditor General (CAG) of India.Audit by CAG• The accounts are audited by the CAG of India at intervals decided by the CAG.Powers of CAG during Audit• CAG has full authority to: – Examine books of accounts. – Verify vouchers and financial records. – Inspect Lokpal offices. – Demand production of any financial documents.Submission to Parliament• After the audit, the certified accounts and audit report are sent to the Central Government.• The Central Government places them before both Houses of Parliament.
Section 43	Furnishing Returns to Central Government	• Lokpal must submit returns, reports, statements and other information to the Central Government whenever required.• The information must be provided in the prescribed form, manner and time.• This ensures financial accountability and administrative transparency.

Chapter XII – One-Line Revision

Section 40 – Lokpal prepares and forwards its annual budget to the Central Government.
Section 41 – Central Government provides grants after Parliamentary approval.
Section 42 – Lokpal accounts are maintained properly, audited by the CAG, and the audit report is laid before Parliament.
Section 43 – Lokpal must submit required returns and reports to the Central Government.

Exam Highlights

Topic	Key Point
Budget	Prepared annually by Lokpal.
Funding	Grants from Central Government after Parliamentary appropriation.
Auditor	Comptroller and Auditor General (CAG) of India.
Audit Report	Submitted to Central Government and laid before both Houses of Parliament.
Accountability	Lokpal must furnish reports, returns and financial information to the Central Government.

Keywords for Revision: Budget • Grants • Parliament • CAG Audit • Accounts • Financial Records • Audit Report • Returns • Transparency • Accountability

Chapter XIII – Declaration of Assets (Sections 44–45)

Quick Revision Notes (Simple English)

Section	Provision	Simple Notes
Section 44	Declaration of Assets	• Every public servant must declare his/her assets and liabilities.• The declaration must be made from the commencement of the Act.• The declaration should be submitted in the prescribed form and manner as notified by the Government.• The purpose is to promote transparency, accountability, and integrity in public service.
Section 45	Presumption of Corruptly Acquired Assets	• If a public servant wilfully fails to declare assets, or provides false or misleading information about assets, and is later found possessing undeclared assets, those assets are presumed to have been acquired through corrupt means, unless the public servant proves otherwise.• Thus, the burden of proof shifts to the public servant to explain the source of such assets.• The competent authority may condone or exempt the public servant from declaring assets of small value, as prescribed by the Government.

One-Line Revision

Section 44 – Every public servant must declare assets and liabilities in the prescribed manner.
Section 45 – Undeclared or falsely declared assets are presumed to be acquired through corruption unless proved otherwise.

Exam Highlights

Topic	Key Point
Asset Declaration	Mandatory for every public servant.
Declaration Format	Prescribed by the Government.
False Declaration	Creates a legal presumption of corruption.
Burden of Proof	Lies on the public servant to prove lawful acquisition.
Exemption	Competent authority may exempt declaration of assets below the prescribed minimum value.

Keywords for Revision

Assets • Liabilities • Public Servant • Mandatory Declaration • Transparency • Misleading Information • Burden of Proof • Presumption of Corruption • Competent Authority • Exemption

Chapter XIV – Offences and Penalties (Sections 46–47)

Quick Revision Notes (Simple English)

Section	Provision	Simple Notes
Section 46	Punishment for False, Frivolous or Vexatious Complaint	• Any person who knowingly files a false, frivolous or vexatious complaint under the Lokpal Act is punishable.• Punishment: – Imprisonment up to 1 year, or – Fine up to ₹1,00,000, or both.• Only the Special Court can try such offences.• The Special Court can take cognizance only on a complaint made by: – The public servant against whom the false complaint was made; or – An officer authorised by the Lokpal.• The prosecution is conducted by the Public Prosecutor and all prosecution expenses are borne by the Central Government.• If convicted, the complainant may also be directed by the Special Court to pay: – Compensation to the affected public servant; and – Legal expenses incurred by the public servant.• No punishment if the complaint was made in good faith, even if the allegations are not proved.
Section 47	False Complaint by Society, Association or Trust	• If a society, association of persons or trust files a false complaint, the organisation and the persons responsible for its management are liable.• Persons directly in charge of the organisation are deemed guilty unless they prove: – The offence was committed without their knowledge, or – They exercised due diligence to prevent it.• Directors, managers, secretaries or other officers are also personally liable if the offence occurred with their consent, connivance or negligence.

One-Line Revision

Section 46 – False complaints are punishable with imprisonment up to 1 year, fine up to ₹1 lakh, compensation to the public servant, and trial by a Special Court.
Section 47 – When a society or trust files a false complaint, both the organisation and responsible office-bearers can be held liable.

Exam Highlights

Topic	Key Point
Maximum Imprisonment	1 Year
Maximum Fine	₹1,00,000
Trial Court	Special Court only
Complaint for Prosecution	By affected public servant or Lokpal-authorised officer
Prosecutor	Public Prosecutor
Prosecution Expenses	Paid by Central Government
Compensation	Awarded to the public servant by the Special Court
Good Faith Protection	No punishment for complaints made honestly and with due care
Liability of Organisations	Society/Trust and responsible officers can both be punished

Keywords for Revision

False Complaint • Frivolous Complaint • Vexatious Complaint • Good Faith • Special Court • Public Prosecutor • Compensation • Legal Expenses • Society • Association • Trust • Due Diligence • Consent • Connivance • Negligence

Chapter XV – Miscellaneous (Sections 48–62)

Quick Revision Notes (Simple English)

Section	Provision	Simple Notes
Section 48	Annual Report of Lokpal	• Lokpal must submit an annual report to the President of India.• The President places the report before both Houses of Parliament.• If the Government does not accept any recommendation of the Lokpal, it must explain the reasons in a memorandum laid before Parliament.
Section 49	Lokpal as Final Appellate Authority	• Lokpal acts as the final appellate authority under any other law relating to public services and grievance redressal, where the decision involves findings of corruption under the Prevention of Corruption Act, 1988.
Section 50	Protection for Public Servants	• No legal action (civil or criminal) can be taken against a public servant for acts done in good faith while performing official duties under this Act.
Section 51	Protection for Lokpal and Others	• No legal proceedings shall lie against the Lokpal, its Members, officers, employees, agencies or any authorised person for actions done in good faith under the Act, Rules or Regulations.
Section 52	Lokpal Officials are Public Servants	• The Chairperson, Members, officers and employees of Lokpal are deemed to be public servants while performing their official duties.
Section 53	Limitation Period	• Lokpal cannot inquire into a complaint filed after 7 years from the date on which the alleged offence was committed.
Section 54	Bar of Civil Court Jurisdiction	• Civil Courts cannot entertain matters that are within the jurisdiction of the Lokpal under this Act.
Section 55	Legal Assistance	• A person against whom a complaint is filed before the Lokpal has the right to receive legal assistance, if requested, to defend the case.
Section 56	Overriding Effect of the Act	• The provisions of the Lokpal Act prevail over any inconsistent law. If there is a conflict, the Lokpal Act will override the other law.
Section 57	Act in Addition to Other Laws	• The Lokpal Act is supplementary to other laws and does not replace or repeal them.
Section 58	Amendment of Other Acts	• The Acts mentioned in the Schedule to the Lokpal Act are amended as specified.
Section 59	Power of Central Government to Make Rules	• The Central Government may make Rules by notification in the Official Gazette to implement the Act.• Rules may cover matters such as: – Complaint form. – Search Committee terms and allowances. – UPSC consultation for appointments. – Civil Court powers. – Asset declaration forms. – Budget and accounts. – Returns and annual reports. – Asset declaration procedure and exemptions. – Any other prescribed matter.
Section 60	Power of Lokpal to Make Regulations	• The Lokpal may make Regulations by notification to implement the Act, subject to the Act and Rules.• Regulations may relate to: – Service conditions of Lokpal staff. – Benches and place of sittings. – Display of complaint status on the website. – Procedure for inquiry and investigation. – Other matters required under the Act.
Section 61	Laying of Rules and Regulations Before Parliament	• Every Rule and Regulation made under the Act must be laid before both Houses of Parliament for a total period of 30 days.• Parliament may approve, modify or annul them.• Any modification does not affect actions already taken under the original Rule or Regulation.
Section 62	Power to Remove Difficulties	• If any difficulty arises in implementing the Act, the Central Government may issue an order to remove it.• Such order: – Must not be inconsistent with the Act. – Must be published in the Official Gazette. – Can be issued only within 2 years from the commencement of the Act. – Must be laid before both Houses of Parliament.

One-Line Revision (Sections 48–62)

Section 48 – Lokpal submits an annual report to the President, which is laid before Parliament.
Section 49 – Lokpal is the final appellate authority in corruption-related public service matters.
Section 50 – Public servants acting in good faith are protected from legal action.
Section 51 – Lokpal and its officials are protected for actions taken in good faith.
Section 52 – Lokpal Chairperson, Members and staff are deemed public servants.
Section 53 – Complaints must be filed within 7 years of the alleged offence.
Section 54 – Civil Courts have no jurisdiction over matters decided by Lokpal.
Section 55 – Accused persons can receive legal assistance if requested.
Section 56 – Lokpal Act overrides inconsistent laws.
Section 57 – Lokpal Act operates in addition to other laws.
Section 58 – Certain Acts are amended through the Schedule.
Section 59 – Central Government makes Rules.
Section 60 – Lokpal makes Regulations.
Section 61 – Rules and Regulations must be placed before Parliament.
Section 62 – Central Government may remove implementation difficulties within 2 years.

Exam Highlights

Topic	Key Point
Annual Report	Submitted to President and laid before Parliament
Final Appellate Authority	Lokpal in corruption-related public service cases
Good Faith Protection	Available to public servants and Lokpal officials
Limitation Period	7 Years
Civil Court Jurisdiction	Barred
Legal Assistance	Available to the accused on request
Overriding Provision	Section 56
Additional Nature of Act	Section 57
Rule-Making Power	Central Government (Section 59)
Regulation-Making Power	Lokpal (Section 60)
Parliamentary Control	Rules and Regulations laid before Parliament (Section 61)
Removal of Difficulties	Central Government within 2 years (Section 62)

Keywords for Revision

Annual Report • President • Parliament • Final Appeal • Good Faith • Public Servant • 7-Year Limitation • Civil Court Bar • Legal Assistance • Overriding Effect • Additional Law • Rule Making • Regulation Making • Official Gazette • Parliamentary Oversight • Removal of Difficulties