Jurisdiction and Functions of Lokpal: The Lokpal has jurisdiction to inquire into allegations of corruption against anyone who is or has been Prime Minister, or a Minister in the Union government, or a Member of Parliament, as well as officials of the Union Government under Groups A, B, C, and D. It also covers chairpersons, members, officers, and directors of any board, corporation, society, trust, or autonomous body either established by an Act of Parliament or wholly or partly funded by the Union or State government. Additionally, any society, trust, or body that receives foreign contribution above ₹10 lakh (approx. US$ 14,300/- as of 2019) is within its purview.
A complaint under the Lokpal Act should be in the prescribed form and must pertain to an offence under the Prevention of Corruption Act, 1988 against a public servant. There is no restriction on who can make such a complaint. When a complaint is received, the Lokpal may order a preliminary inquiry by its Inquiry Wing or any other agency or refer it for investigation by any agency, including the CBI, if there is a prima facie case. Before ordering an investigation, the Lokpal shall call for an explanation from the public servant to determine whether a prima facie case exists. This provision does not interfere with any search and seizure that may be undertaken by the investigating agency. The Lokpal shall refer complaints regarding Central government servants to the Central Vigilance Commission (CVC). The CVC will send a report to the Lokpal regarding officials in Groups A and B and proceed as per the CVC Act for those in Groups C and D.
The Inquiry Wing or any other agency must complete its preliminary inquiry and submit a report to the Lokpal within 60 days, seeking comments from both the public servant and the "competent authority" before submission. A "competent authority" is defined for each category of public servant under the Act. A Lokpal Bench will consider the preliminary inquiry report and, after giving the accused public servant an opportunity for defense, decide on further action. It can order a full investigation, direct departmental proceedings, or close the case. The preliminary inquiry should typically be completed within 90 days of receiving the complaint.
After the investigation, the agency must file its report in the appropriate court and submit a copy to the Lokpal. A Bench of at least three members will consider the report and may grant sanction to the Prosecution Wing to proceed based on the agency’s charge-sheet. The Lokpal can also direct the competent authority to take departmental action or close the case. The power to grant sanction, previously vested with the authority to appoint or dismiss a public servant, now rests with the Lokpal.
The Lokpal is vested with the power of search and seizure, as well as powers under the Civil Procedure Code for conducting preliminary inquiries, investigations, and attachment of assets for eradicating corruption. The Lokpal also has the power of superintendence and direction over any central investigation agency, including the CBI, for cases referred to them by the Lokpal.