BharatNotes What is Lokpal vs Lokayukta?
The Lokpal and Lokayukta are India's anti-corruption ombudsmen — independent bodies that inquire into corruption allegations against public functionaries. The Lokpal operates at the national level and the Lokayukta at the state level. Both derive from the Lokpal and Lokayuktas Act, 2013 (assent 1 January 2014; brought into force 16 January 2014). Crucially, neither is a constitutional body — both are statutory institutions.
The idea traces to the First Administrative Reforms Commission (1966, Morarji Desai), which recommended a "Lokpal" for the Centre and "Lokayuktas" for the states, adapting the Scandinavian Ombudsman model.
Key Differences
| Feature | Lokpal | Lokayukta |
|---|---|---|
| Level | Central (national) | State |
| Created by | Lokpal and Lokayuktas Act, 2013 (central) | A separate law made by each State Legislature |
| Mandate to create | Single body for the Union | Section 63 directs every state to establish one within one year |
| Composition | Chairperson + up to 8 Members; 50% (up to 4) must be Judicial Members | Varies by state law (typically a Lokayukta + Upa-Lokayuktas) |
| Appointing authority | President, on Selection Committee's advice | Governor, usually on advice involving the Chief Minister and others |
| Jurisdiction | PM (with safeguards), Ministers, MPs, Group-A/B/C/D officers, certain NGOs | State CM, Ministers, MLAs, state officials (per state law) |
Composition and Selection (Lokpal)
The Lokpal consists of a Chairperson and up to eight Members, of whom at least 50% must be Judicial Members (current/former Supreme Court judges or High Court Chief Justices). The Chairperson and Members hold office for five years or until age 70, whichever is earlier (Section 6).
The Selection Committee comprises the Prime Minister, the Speaker of the Lok Sabha, the Leader of Opposition in the Lok Sabha, the Chief Justice of India (or a nominated Supreme Court judge), and an eminent jurist nominated by the President.
Jurisdiction over the Prime Minister
The Lokpal can inquire into the PM, but with safeguards: allegations relating to international relations, security, public order, atomic energy and space are excluded, and such inquiries require approval of a two-thirds majority of the full Lokpal bench.
Current Status
Justice Pinaki Chandra Ghose became India's first Lokpal Chairperson on 23 March 2019, alongside eight Members. At the state level, Odisha was the first to enact a Lokayukta law (1970, implemented later), while Maharashtra was the first to operationalise the institution (Act of 1971). Implementation remains uneven across states.
Significance and Criticism
The institutions strengthen accountability and complement the CVC, CBI and RTI framework. However, critics call the Lokpal a "toothless tiger" — citing delayed appointments, dependence on existing investigating agencies, exclusion of the higher judiciary, and the patchy strength of state Lokayuktas, several of which lack adequate powers or remain non-functional.
