Lokpal and Lokayutktas UPSC

Lokpal and Lokayuktas

After six years of coming into effect of Lokpal and Lokayukta Act, 2013, it is yet to play a significant role in tackling corruption in the country. Let us understand about the basics of Lokpal and Lokayukta Act as it will help in understanding different challenges faced by the Institution.

What does the Lokpal and Lokayukta Act, 2013 provides for ? 

• It establishes Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption against certain public functionaries. 

• It provides for an Enquiry Wing and a Prosecution Wing to deal with cases of corruption. 

• The Inquiry wing conducts preliminary inquiry into alleged cases of corruption against public servants under Prevention of Corruption Act, 1988 whereas the Prosecution Wing file cases before the Special Court to prosecute public servants under Prevention of Corruption Act, 1988. 

Establishment of Lokpal 

• Lokpal shall consist of a Chairperson, who is or has been a Chief Justice of India or is or has been a Judge of the Supreme Court or an eminent person, 

• Lokpal shall have a maximum of eight members of which half shall be judicial members. 

• The Chairperson and Members shall be appointed by the President after obtaining the recommendations of a Selection Committee consisting of— 

• the Prime Minister—Chairperson; 
• the Speaker of the House of the People—Member; 
• the Leader of Opposition in the House of the People—Member; 
• the Chief Justice of India or a Judge of the Supreme Court nominated by him—Member; 
• one eminent jurist, as recommended by the Chairperson and Members 

• The Chairperson and every Member shall, on the recommendations of the Selection Committee, be appointed by the President by warrant under his hand and seal and hold office as such for a term of five years or until he attains 70 years of age (whichever is earlier). 

What are the jurisdiction and powers of Lokpal? 

• Lokpal have jurisdiction to inquire allegations of corruption against Prime Minister, Ministers, members of Parliament, officers belonging to Group A, B, C and D and officials of Central Government. 

• The Lokpal on receipt of a complaint, may order preliminary inquiry against any public servant by its Inquiry Wing or any agency including the Delhi Special Police Establishment. 

• Lokpal shall refer complaints of corruption against public servants to Central Vigilance Commission and the CVC after making preliminary enquiry –

• In respect of public servants belonging to Group A and Group B - shall submit its report to the Lokpal.
• In case of public servants belonging to Group C and Group D - the Commission shall proceed in accordance with the provisions of the Central Vigilance Commission Act, 2003. 

• Lokpal can also inquire against any society or trust or body that receives foreign contribution above Rs.10 lakhs. 

• Lokpal Act creates Special Courts to hear and decide the cases arising out of the Prevention of Corruption Act, 1988 or under the Lokpal Act involving public servants. 

• The Special Courts shall ensure completion of each trial within a period of one year from the date of filing of the case in the Court. 

Probe against Prime Minister 

The Lokpal cannot inquire into any corruption charge against the Prime Minister if the allegations are related to international relations, external and internal security, public order, atomic energy and space unless a full Bench of the Lokpal, consisting of all members, considers the initiation of a probe necessary and is approved by at least two-thirds of the members of Lokpal. Such a hearing should be held privately and if the complaint is dismissed, the records shall not be published or made available to anyone. 

Challenges in Implementation

Delay in Appointment 

• For more than five years, the chairperson and members of the Lokpal were not appointed as the government claimed lack of Leader of Opposition in the Parliament 

• Supreme Court Judgment in April, 2018 instructed the government to appoint Lokpal and its members and said that even without recognised Leader of Opposition, Lokpal and its members can be appointed. 

• Accordingly, after much deliberation, government appointed Mr. Pinaki Chandra Ghosh as India’s first Lokpal in March 2019. Thus, it took almost five years to appoint Lokpal at the centre to handle cases of corruption against public officials. 

No member from Opposition in Selection Committee

• While appointing Chairperson and Members of Lokpal, the government invited the opposition as “special invitee” and not as Leader of Opposition or Leader of Single Largest Party. 

• So, the selection committee remained very much politically biased towards a single political party due to lack of representation from the opposition. 

• The unilateral selection may make the Chairperson and Members of Lokpal go soft on officials who are close to the ruling party on cases of corruption. 

• This also puts pressure on other members of Lokpal on cases of corruption involving high officials considered close to the ruling majority. 

Lack of Rules or Regulations for proper functioning 

• Even after one year of appointment of Lokayukta and Members of Lokpal, central government has not framed rules for its regular functioning including providing form filing complaints. 

• The Central government has also failed to formulate rules regarding asset disclosure by public servants. Further, no regulations have been made specifying the manner and procedure of conducting preliminary inquiry and investigation. Yet the government claims that till September 30, 2019, it disposed of 1000 cases out of 1065 cases. This claim of the government appears fabricated and can be challenged in a Court of law. 

• The government has neither constituted Inquiry and Corruption Wing of Lokpal nor appointed its Directors as prescribed in the Lokpal Act. 

Way forward 

• Mere appointment of Members of Lokpal and Lokayuktas will not serve the purpose unless these officers are empowered with adequate powers to address the issue of corruption in the society. 

• The government must frame rules and regulations to make the institution function transparently, independently and authoritatively without any political or external influence. 

• The institution of Lokpal must be made financially and administratively independent so that it can perform its functions without being dependent on central authorities.