Lokpal and Lokayukta as controls on official and political deviance: their powers

1. Why an ombudsman is needed against privileged class deviance

The ordinary machinery against corruption is controlled by the executive: the police investigate under the State Government, section 17A of the Prevention of Corruption Act requires the Government's approval to inquire into official decisions, and section 19 requires its sanction to prosecute. When the suspect is a minister or a senior officer, the Government is effectively judge in its own cause. The Lokpal and the Lokayukta are independent bodies, headed by judges, which can receive complaints from any citizen, inquire, and in the Lokpal's case direct prosecution, without depending on the political executive's goodwill.

2. The Lokpal: powers and procedure

• Jurisdiction (section 14) over the Prime Minister (with safeguards), Union Ministers, Members of Parliament, Group A, B, C and D officers of the Union, and office-bearers of bodies financed or controlled by the Central Government, including societies and trusts receiving foreign contributions above a limit.
• Preliminary inquiry and investigation (section 20). On a complaint, the Lokpal may order a preliminary inquiry by its Inquiry Wing or any agency, including the CBI, or a full investigation where a prima facie case exists; the public servant is heard before investigation is ordered. After investigation, the Lokpal may direct the filing of a charge-sheet, closure, or departmental proceedings.
• Sanction (section 23). Notwithstanding section 197 of the old Code (now section 218 BNSS), section 6A of the DSPE Act and section 19 of the Prevention of Corruption Act, the Lokpal itself has power to grant sanction for prosecution in cases it has investigated. This is the key departure from the ordinary scheme.
• Supervision of the CBI (section 25) in cases referred by the Lokpal, and no transfer of the CBI officers investigating them without its approval.
• Search and seizure (section 26) and the powers of a civil court (section 27) to summon witnesses and documents.
• Provisional attachment of assets (section 29) believed to be proceeds of corruption, confirmation by the Special Court (section 30), and confiscation (section 31) on conviction.
• Transfer or suspension (section 32): it may recommend that a public servant be transferred or suspended if his continuance would affect the inquiry; and it may direct that records not be destroyed (section 33).
• Special Courts (section 35) to try cases arising from its investigations, with a target of one year for trial.
• Declaration of assets (section 44) by every public servant.

3. The Karnataka Lokayukta: powers and procedure

• Complaint (section 9). Any person may complain, in the prescribed form with an affidavit; since the 2010 amendment the Lokayukta may also begin an investigation suo motu. The preliminary inquiry is ordinarily to be completed within ninety days. Before investigating, the Lokayukta forwards the complaint to the public servant and gives him an opportunity to offer his comments.
• Search warrants (section 10): where documents or property may not be produced or may be destroyed, the Lokayukta may authorise search and seizure.
• Evidence (section 11): power to require any person to furnish information or produce documents, with the powers of a civil court.
• Reports (section 12): on a grievance, a recommendation for redress; on a substantiated allegation, findings and recommendations to the competent authority, which must report action taken; if dissatisfied, a special report to the Governor, laid before the Legislature.
• Vacation of office (section 13): where an allegation is substantiated and the Lokayukta declares that the public servant should not continue, the competent authority may accept or reject the declaration after a hearing; if it does not reject it within the time allowed, it is deemed accepted and the public servant must vacate office.
• Initiation of prosecution (section 14): if after investigation the Lokayukta is satisfied that the public servant has committed a criminal offence and should be prosecuted, it may order prosecution, and any sanction required is deemed to have been granted on the date of that order.
• Contempt (section 17A): the same power to punish for contempt of itself as a High Court.
• Property statements (section 22) by public servants every year.
• Police wing. The Lokayukta has police officers on deputation who investigate and prosecute offences under the Prevention of Corruption Act. Between 2016 and 2022 the State had transferred these cases to an Anti-Corruption Bureau under the Government; in 2022 the Karnataka High Court quashed the orders creating the Bureau, and the Lokayukta police regained the work.

4. Comparison and evaluation

• The Lokpal deals with corruption only; the Karnataka Lokayukta deals with both allegations (corruption, abuse of position) and grievances (maladministration), so it is closer to the classic ombudsman.
• The Lokpal can itself grant sanction and has its own prosecution wing; the Karnataka Lokayukta has the deemed sanction under section 14 and its own police wing, which makes it one of the stronger State institutions.
• Both depend heavily on the cooperation of the Government for staff and funds, and in the Lokpal's case on the CBI for investigation.
• Recommendations under section 12 of the Karnataka Act are not binding, though section 13 gives teeth where removal from office is recommended.

How this is examined

January 2026: a note on the powers of the Lokpal. June 2025: a note on the powers of the Lokayukta under the Karnataka Lokayukta Act, 1984. February 2025: a 10-mark question on the appointment, powers and procedure of the Lokpal, or of the Lokayukta under the 1984 Act. For the 10-mark versions take appointment and jurisdiction from the Administrative Law note and add the powers listed here; the sanction power of the Lokpal and sections 13 and 14 of the Karnataka Act are the points examiners look for.