The fight against corruption in India received a major boost with the establishment of the Lokpal, an independent statutory body designed to inquire into allegations of corruption against public functionaries. The Lokpal institution represents a significant step toward ensuring accountability, transparency, and integrity in governance.
What is Lokpal?
The Lokpal is an anti-corruption authority established under the Lokpal and Lokayuktas Act, 2013. It has jurisdiction to inquire into complaints of corruption against public servants, including the Prime Minister, Ministers, Members of Parliament, and Government Officials.
The Lokpal is a multi-member body comprising a Chairperson and up to eight members. It functions independently and has wide-ranging powers to investigate corruption complaints.
Legal Framework: Lokpal and Lokayuktas Act, 2013
The Lokpal and Lokayuktas Act, 2013 was enacted following public pressure and massive anti-corruption movements, especially the Anna Hazare-led India Against Corruption movement.
Key Features of the Act:
- Establishes the Lokpal at the central level and mandates Lokayuktas at the state level.
- Covers all categories of public servants, including Group A, B, C, and D officers.
- Allows filing of complaints by any citizen.
- Mandates time-bound inquiries and investigations.
- Empowers Lokpal to initiate prosecution through special courts.
Composition of Lokpal
- Chairperson: A person who is or has been the Chief Justice of India, a Supreme Court Judge, or an eminent person of impeccable integrity and outstanding ability.
- Members: Maximum of 8 members, of which 50% must be judicial members.
- At least 50% of the members must be from SC/ST/OBC/minority/women categories, ensuring inclusivity.
Jurisdiction and Powers of Lokpal
Who Can Be Investigated:
- Prime Minister (with certain limitations under Section 14)
- Union Ministers
- Members of Parliament
- Government Officers (Group A to D)
- Officials of NGOs receiving significant government funds
Powers:
- Preliminary Inquiry and Investigation
- Search and Seizure
- Attachment of Assets
- Recommending disciplinary proceedings
- Prosecution before Special Courts
The Lokpal can order Central Bureau of Investigation (CBI) or other agencies to conduct inquiries and submit reports.
Limitations on Lokpal’s Jurisdiction Over Prime Minister
As per Section 14 of the Act, the Lokpal can inquire into corruption complaints against the Prime Minister only under specific conditions:
- Allegations must relate to corruption.
- Certain issues like national security, foreign relations, and public order are excluded.
- Inquiry must be approved by at least two-thirds of the Lokpal members.
Salient Features of Lokpal
- Autonomous Body: Functions independently of government control.
- Time-Bound Mechanism: Inquiries must be completed within 60 days; investigations within 6 months (extendable).
- Transparency and Accountability: Public servants must declare assets annually.
- Whistleblower Protection: Ensures confidentiality of complainants.
Challenges and Criticisms
- Delay in Appointment: First Lokpal was appointed only in 2019, six years after the Act was passed.
- Lack of State Lokayuktas: Many states have failed to establish Lokayuktas as mandated.
- Resource Constraints: Shortage of staff and investigative powers can hinder effectiveness.
- Limited Awareness: General public awareness and use of Lokpal remain low.
Recent Developments
- In 2019, Justice Pinaki Chandra Ghose was appointed as the first Chairperson of Lokpal.
- Regular submission of asset disclosures by public servants is now mandatory.
- Lokpal has been gradually expanding its administrative and investigative functions.