The summary compares the key differences between the Lokpal Act 2013 and the Delhi Lokayukta Act 1995 regarding the appointment, removal, matters that can be investigated, powers, and procedures of the Lokpal/Lokayukta. The Lokpal Act 2013 provides for a more detailed selection process involving a search committee and selection committee to appoint the Lokpal compared to the Delhi Act. The Lokpal can investigate matters against higher level public servants including the Prime Minister, while the Lokayukta's jurisdiction is limited to Delhi. The Lokpal has more extensive investigation powers including attaching property, recommending transfers, while the Lokayukta can delegate some powers. Preliminary inquiries under the Lokpal Act have strict

1. Comparison Between Lokpal 2013 & Delhi
Lokayukta Act 1995
Lokpal - 2013
Delhi - 1995
Appointed by the President of India
Appointment
Appointed by the Lieutenant
Governor
After obtaining recommendations
from selection committee who inturn
is assisted by the search committee
which is appointed by the selection
committee.
With the prior approval of
the President and after
consultation with the Chief
Justice of High Court and
Leader of Opposition in the
Legislative Assembly
Both members and chairperson Uplokayukta shall be a
appointed by the above procedure.
person who is/has been a
Secretary to the Govt or a
Dist.judge in Delhi for 7 years
or has held a post of Joint
Secretary to the Government
Of India

2. Lokpal - 2013
Removal
Chairperson or any member may be
removed by other of President on the
grounds of misbehavior after the
Supreme Court, on a reference being
made to it by the President on a petition
signed atleast by 100 Members of
Parliament.
Delhi - 1995
Lokayukta can be removed only
by an order passed by the
Lt.Governor with prior approval
of the President and after an
address in the Legislative
Assembly supported by 2/3rd
majority.

3. Lokpal - 2013
The Lokpal can inquiry/investigate
into any allegation of corruption
against PM, MP, Union Minister,
Group 'A' 'B' 'C' 'D' Officers defined
in PCA, 1988, etc
Matters that
can be
Investigated
Delhi - 1995
Lokayukta may proceed to
inquire into an allegation made
against a public functionary in
relation to whom either the
President or the Lieutenant
Governor is competent
Lokpal shall not inquire/investigate
as to anything said or vote given by
MP in the Parliament or a
committee set-up by them.
Lokpal
can
inquire/investigate
against persons for abetting,
giving/taking, conspiracy in relation
to an offence under PCA 1988.
Unless they have been referred
for inquiry to the Commissions
of Inquiry Act 1952

4. Lokpal - 2013
Only Complains relating to Public
Servants while he was in office shall
be entertained by the Lokpal
provided the complaint is made
within the period of 7 years from
the date of offence.
Matters that
can be
Investigated
The Jurisdiction of Lokpal is
exercised by benches which are
appointed by the Chairperson of
Lokpal
Delhi - 1995
If the complaint is made
after 5 years from the date
of
which
the
action
complained has taken place

5. Lokpal - 2013
Powers
The Lokpal shall notwithstanding
anything in Delhi Special Police
Establishment Act, 1946 and CVC
Act, 2003 may give direction to CBI
or any agency in respect of
matters referred by Lokpal for
Prilim
Inquiry/investigation.
However they shall not require
any agency to investigate and
dispose of a case in a particular
manner.
CVC shall send a statement to
Lokpal in respect of action taken
and the Lokpal may issue
guidelines for expeditious disposal
of case.
Any officers of CBI investigating a
case for Lokpal shall not be
transferred
without
their
approval.
Delhi - 1995
The Lokayukta/Uplokayukta
may by order in writing
direct that any power
conferred or duties imposed
on him by or under this Act
(except the Power to make
inquiry auto report to
competent authority) may
also
be
exercised
or
discharge
by
such
officers/employees/agencies
u/s 13.

6. Powers
Search and
Seizure Powers
Powers such as
Civil Court
Powers to utilize
personnel from
Central/State
Government
Lokpal - 2013
Lokpal for the purpose of investigation
may authorize any agency to whom
investigation is given to search and seize
documents it believes are secreted at any
place
For the purpose of prilim inquiry the
Inquiry Wing shall have powers of Civil
Court under CPC,1908 in matters such as
summoning & enforcing attendance of
accused, discovery & production of
documents ,etc
The Lokpal for the purpose of prilim
inquire/investigation may utilize the
service of any
officer/organization/agency of
Centre/State Government & the Central
Government shall provide the such funds
that shall be necessary for the purpose of
investigation
Delhi - 1995

7. Powers
Power to
attach and
confiscate
property
Lokpal - 2013
The Lokpal shall authorize any officer by
order to attach/confiscate any property,
proceeds/ assets of the accused if it believes
they have been acquired by the corrupt
means.
On acquittal or notification/annulment or
such order by High Court such property,
proceeds/assets to the Public Servant if that
is not possible then a quantifiable amount
shall be paid as price with interest of 5% p.a
Delhi - 1995

8. Powers
Lokpal - 2013
Power to
recommend
suspension or
transfer of
Public Servant
Lokpal may, while making prilim inquiry
recommend the Central Government to
transfer or suspend the Public servant
for a specified period of time and the
Central Government shall ordinarily
accept such recommendation except
for reasons recorded in writing
Power to
Delegate
Functions
The Lokpal may direct that any of its
administrative/financial powers may
also be exercised by its members/
officers/employees as may be specified
in the order.
Delhi - 1995

9. Lokpal - 2013
The Lokpal on receipt of
complaint may order a prelim
inquiry by Inquiry Wing or may
order investigation by CBI or any
agency
Delhi - 1995
Lokayukta/Uplokayukta shall
decide the procedure to be
followed for making the
inquiry and shall ensure that
Principles of Natural Justice
are satisfied.
Provisions of The Evidence
Act 1872 and the Code of
Criminal Procedure 1973 shall
as nearly as possible apply to
the procedure of inquiry w.r.t
attendance
of
accused,
production of documents etc.
Procedure
Prelim Inquiry report should be
completed within 60days.and
inquiry within 90days with a
further extension of 90days.

10. Lokpal - 2013
Investigation shall be completed
ordinarily within a period of 6 months
with a further period of 6 months.
Procedure
A bench of min. 3 members may
grant sanction to Prosecution.
Wing/Invest.
Agency
after
considering report to file charge
sheet or direct closure of report.
After filing charge sheet it may order
Prosecution. Wing/Invest. Agency to
initiate Prosecution.
Delhi - 1995

11. Lokpal - 2013
After conclusion of investigation
Lokpal may file a case in the
Special Court and shall send a
copy of other report with finding
of competent authority.
No prosecution shall be initiated
against any Public Servant
accused of an offence done in his
official capacity while discharging
his official duty.
Procedure
Lokpal at any stage of proceeding
may A - Order inquiry into
conduct
of
any
person,
B - If reputation of any person is
likely to be affected by prilim
inquiry and shall give that person
a reasonable opportunity to be
heard.
Delhi - 1995

12. Interns (India Vision Foundation)
Pranesh Misra, BBA/LLB
Symbiosis Law School, PuneGuided By- Dr. Kiran Bedi