Be Mains Ready

Approach

Approach

• Give a brief background about Lokpal and its functions.
• Mention briefly about previously instituted anti corruption bodies in India.
• Explain how Lokpal’s functioning is different from other anti corruption bodies.
• Conclude by giving the significant impact Lokpal as an institution can bring in the governance system.

Introduction

• The government passed the Lokpal and Lokayuktas Act, 2013 after the massive upsurge in form the India Against Corruption movement. Earlier, several committees and commissions like the First Administrative Reforms Commission (1966), Commission to Review the Working of the Constitution headed by M.N. Venkatachaliah (2002), etc. also recommended for the need of independent authorities to look into complaints against public functionaries.

Body

• The Lokpal and Lokayukta Act, 2013 provided for the establishment of Lokpal for the Union and Lokayukta for States. However, there already exist several institutional bodies to tackle the menace of corruption like the CBI, CVC, ED etc.
• The existing anti corruption system suffers from several deficiencies in India. Most of these bodies suffer from lack of transparency and independence in their working. Hence, to make governance more accountable, institution of Lokpal was appointed. It has a much wider scope and powers as compared to other existing anti-corruption bodies.

Some of the key differences pertain to:

• Organizational structure:
  
  • Lokpal is a multi-member body, with Chairman as Chief Justice of India or the former Judge of the Supreme Court or an eminent person. Other members include judicial members and members from SC/ ST/ OBC/ minorities and women.
  • However, no such restrictions are there in the eligibility of members in other anti corruption bodies like CBI, CVC. They are in fact dominated by senior IPS officers and other bureaucrats from within the government.
• Wider jurisdiction:
  
  • Jurisdiction of Lokpal includes Prime Minister (except on allegations of corruption relating to international relations, security, public order, atomic energy and space), Ministers, members of Parliament, Groups A, B, C and D officers and officials of Central Government.
  • Lokpal uses CBI for investigation and has the powers of superintendence over, and to give direction to CBI. If Lokpal has referred a case to CBI, the investigating officer in such a case cannot be transferred without the approval of Lokpal.
• Wider powers:
  
  • The Inquiry Wing of the Lokpal has been vested with the powers of a civil court.
  • However, no such powers are given to CBI or the CVC. They work as investigating agencies.
  • Also, CBI has divisions like the Special Crimes Division and Central Forensic divisions which investigate cases related to criminal investigation. Lokpal’s jurisdiction is limited to anti-corruption cases only.

Conclusion

Thus, Lokpal has been given much wider powers and therefore much greater responsibility to weed out the malaise of corruption from Indian bureaucracy. The need of the hour is an empowered and independent ombudsman who may live up to the popular expectations.