Rules for Filing Complaints with Lokpal Notified | 04 Mar 2020

Why in News

  • The Department of Personnel and Training has issued a notification providing the rules and prescribed format for filing complaints with the Lokpal.

Key Points

  • The notification, under the Lokpal and Lokayuktas Act, lays down the rules called the Lokpal (Complaint) Rules, 2020.
  • Identity Proof: According to the complaint form, a complainant has to give a valid proof of identity, as specified therein.
  • Foreign nationals can also lodge complaints.
    • Only a copy of their passports will be accepted as proof of identity.
  • Mode of Complaint:
    • The complaint can be filed electronically, by post or in person.
    • In case the complaint is filed electronically, it's hard copy has to be submitted to the Lokpal within 15 days.
  • No complaints can be filed against a public servant under the Army Act, Navy Act, Air Force Act and the Coast Guard Act.
  • Language: A complaint may ordinarily be made in English, provided that the Lokpal may also entertain a complaint in any of the languages referred to in the Eighth Schedule to the Constitution.
  • The complaints, whose contents are illegible, vague or ambiguous, which are trivial or frivolous, do not contain any allegation, are not filed within the limitation period of seven years, or are pending before any other court, tribunal or authority, will have to be disposed of within 30 days.
  • Protection:
    • The identity of the complainant or the accused official will be protected by the Lokpal till the conclusion of inquiry or investigation.
    • However, the protection will not be applicable in cases where the complainant herself reveals her identity to any other office or authority while making the complaint to Lokpal.

The Lokpal Act

  • This Act provides for the establishment of a body of Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto.
  • It was passed in 2013.
  • Lokpal is an apex body to deal with cases of corruption at the national level. It has to enquire into allegations of corruption against public functionaries of the central government in a time bound manner.
  • Jurisdiction: The Prime Minister, Ministers, Members of Parliament and officers and officials of the Central Government.
  • Composition:
    • The Lokpal consists of a Chairperson with a maximum of 8 members of which 50% shall be judicial members.
    • 50% of the members of the Lokpal shall come from amongst the SCs, the STs, the OBCs, minorities and women.
  • Selection:
    • The selection of the Chairperson and the members of Lokpal shall be through a Selection Committee consisting of the Prime Minister, the Speaker of the Lok Sabha, the Leader of the Opposition in the Lok Sabha, the Chief Justice of India or a sitting Supreme Court Judge nominated by the Chief Justice of India and an eminent jurist to be nominated by the President of India on the basis of recommendations of the first four members of the selection committee.
    • A Search Committee will assist the Selection Committee in the process of selection. 50% of the members of the Search Committee shall also be from amongst the SCs, the STs, the OBCs, minorities and women.
  • The Prime Minister has been brought under the purview of the Lokpal with subject matter exclusions and specific process for handling complaints against the Prime Minister.

Source :TH