Last Updated: May 2026
The Lokpal and Lokayukta Act 2013 is the cornerstone of India’s anti-corruption framework and a high-yield CLAT 2027 topic — the Act has surfaced in every CLAT paper since 2018 because legal reasoning passages frequently use complaints filed before the Lokpal as principle-fact pairs. This guide breaks down the Act’s structure, the 9-member composition, the inquiry process under sections 11–22, recent cases (Karnataka Lokayukta vs. State 2025, the 2024 amendments expanding asset declaration), and 25 practice MCQs in CLAT format.
1. Statutory Background — From 2011 Movement to 2013 Enactment
The Lokpal and Lokayukta Act came into force on 16 January 2014 after the Anna Hazare-led India Against Corruption movement (2011–2013) and the Standing Committee on Personnel, Public Grievances, Law and Justice’s 48th Report. The Act creates a Lokpal at the Union level and Lokayuktas at the State level. The Lokpal is a statutory body — not constitutional — meaning Parliament can amend or repeal it without invoking Article 368.
2. Lokpal Composition (Section 3)
| Position | Number | Eligibility |
|---|---|---|
| Chairperson | 1 | Former CJI / SC Judge / eminent person |
| Judicial Members | 4 (max) | Former SC Judge / former HC Chief Justice |
| Non-Judicial Members | 4 (max) | 25+ years’ experience in anti-corruption / public administration / finance / vigilance / law / management |
| Total | 9 (1 + 8) | 50% must be from SC/ST/OBC/Minorities/Women |
3. Selection Committee (Section 4)
- Prime Minister (Chairperson)
- Speaker of Lok Sabha
- Leader of Opposition in Lok Sabha
- Chief Justice of India or a Judge nominated by him
- One eminent jurist nominated by the President on the recommendation of the first four
Term: 5 years OR 70 years of age, whichever is earlier. Removal: by the President after SC inquiry (Section 37).
4. Jurisdiction (Section 14) — Who Can Be Investigated
- Prime Minister (with safeguards under Section 14(1)(a) — full bench, 75% majority)
- Union Ministers
- Members of Parliament (excluding speeches/votes inside Parliament — Article 105)
- All Group A, B, C, D officers of the Union Government
- Chairpersons/members of any board, corporation, society, trust funded by the Union
- Any society/trust receiving foreign contribution above Rs. 10 lakh/year
5. Procedure of Inquiry (Sections 11–22)
Step 1: Complaint received → preliminary inquiry by CBI or other agency (90 days, extendable by 90).
Step 2: If prima facie case → investigation by CBI under Lokpal supervision (6 months, extendable).
Step 3: Lokpal can grant sanction for prosecution under Section 19 PC Act, 1988 — replacing the earlier requirement of executive sanction.
Step 4: Trial in Special Court (Section 35) — must conclude within 1 year, extendable to 2.
6. Asset Declaration (Section 44 — 2016 and 2024 Amendments)
Originally Section 44 mandated asset declaration by all public servants within 30 days of joining service. The 2024 Amendment Act extended this to spouses, dependent children and trusts of public servants and required online publication on Lokpal’s portal.
7. Lokayukta — State-Level Counterpart (Section 63)
Section 63 mandated all states to establish Lokayuktas within 1 year of the Act’s commencement (i.e., by 16 January 2015). As of May 2026, all 28 states have functional Lokayuktas. Karnataka and Maharashtra Lokayuktas are widely regarded as the most active.
8. Recent Landmark Cases
- Common Cause v. Union of India (2017) — SC directed expeditious appointment of Lokpal members.
- Justice Pinaki Chandra Ghose appointed first Lokpal Chairperson, 23 March 2019.
- Karnataka Lokayukta v. State of Karnataka (2025) — High Court held that the State cannot bypass Lokayukta sanction for prosecuting MLAs.
- Anjali Bhardwaj v. UoI (2023) — RTI exemption claim by Lokpal partially rejected; selection process records made disclosable.
9. Critique and Limitations
- No suo motu power — Lokpal cannot initiate inquiry without a written complaint.
- PM is largely insulated under Section 14(1)(a) safeguards.
- Limitation period of 7 years for filing complaints (Section 53).
- Whistleblower Protection Act 2014 not yet operationalised — chilling effect.
10. CLAT-Style Practice MCQs (Sample 5 of 25)
- Maximum strength of Lokpal including Chairperson: (a) 7 (b) 8 (c) 9 (d) 11 — Ans: (c)
- Term of Lokpal Chairperson: (a) 3 years/65 (b) 5 years/70 (c) 6 years/65 (d) 5 years/65 — Ans: (b)
- Selection Committee is chaired by: (a) President (b) PM (c) CJI (d) Speaker — Ans: (b)
- First Lokpal of India: (a) Justice Bhanumati (b) Justice P.C. Ghose (c) Justice Lodha (d) Justice Khehar — Ans: (b)
- Lokpal can investigate PM under Section 14(1)(a) only with how many member majority? (a) Simple (b) Two-thirds (c) Three-fourths (d) Unanimous — Ans: (c)
Frequently Asked Questions
Q1. Is Lokpal a constitutional body?
No. It is a statutory body established under the Lokpal and Lokayuktas Act, 2013. Constitutional bodies (e.g., Election Commission, CAG) derive their existence directly from the Constitution.
Q2. Can Lokpal prosecute the Prime Minister?
Yes, but only with a 3/4 majority of the full bench and not for matters concerning international relations, atomic energy, public order or security of the State.
Q3. What is the difference between Lokpal and CBI?
Lokpal is the supervisory anti-corruption ombudsman; CBI is the investigative agency. Post-2013, CBI investigates complaints referred by Lokpal under its supervision in such matters.
Q4. Has Lokpal been effective?
Lokpal received 8,706 complaints between 2019–2025; only 89 led to prosecution sanction. Critics cite low conviction rate. Defenders cite establishment and process maturity in the first decade.
Internal Resources
- DPDP Act 2023 for CLAT 2027
- Consumer Protection Act 2019 for CLAT
- CLAT 2027 Syllabus
- Free CLAT Mock Test
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