Be Mains Ready

Approach

Approach

• Briefly explain Lokpal as an institution and its functioning.
• Discuss the efficacy of Lokpal in facilitating and disposing complaints.
• Highlight the shortcomings of Lokpal as an anti-corruption agency.
• Write a way forward suggesting measures to improve functioning of the Lokpal. .

Introduction

Lokpal is the ombudsman that inquires allegations against public servants on charges of corruption as per Lokpal and Lokayukta Act, 2013. Jurisdiction of Lokpal includes Prime Minister, Ministers, members of Parliament, Groups A, B, C and D officers and officials of Central Government. It was formed due to problems of internal transparency and accountability in other anti-corruption bodies like CBI.

Body

Significance of Lokpal

• It aims to tackle the issues of maladministration and corruption.
• Most of the anti-corruption agencies are advisory in nature, hardly independent and do not have effective powers.
• There is no separate and effective mechanism to check the problems of internal transparency and accountability.
• In this context, the independent institutions of Lokpal and Lokayukta have been a landmark move in the history of Indian polity which offers a solution to the corruption and administrative problems.

Efficacy of Lokpal in facilitating and disposing complaints

• The complaint may ordinarily be made in English, electronically, in the manner as laid down by Lokpal; by post or in person.
• The Lokpal shall not keep the said complaint, received electronically, as pending, if the same is complete in all respects.
• Lokpal can also entertain a complaint in any of the 22 languages, including Hindi, Gujarati, Assamese and Marathi, referred to in the Eighth Schedule to the Constitution.
• The Lokpal shall dispose of a complaint within 30 days.
• The anti-corruption ombudsman may have to protect the identity of the complainant or the public servant complained against until the conclusion of the inquiry or investigation.

Shortcomings of Lokapal as an anti-corruption agency

• Political Influence: Lokpal is not free from political influence as the appointing committee itself consists of members from political parties.
• Lack of protection of whistleblowers: The 2013 Act did not provide concrete immunity to the whistleblowers. The provision for initiation of inquiry against the complainant if the accused is found innocent will only discourage people from complaining
• Exclusion of judiciary from the ambit of the Lokpal.
• Lokpal is not given any constitutional backing and there is no adequate provision for appeal against the Lokpal.

Way Forward

• Lokpal and Lokayukta must be made financially, administratively and legally independent of those whom they are called upon to investigate and prosecute.
• Lokpal and Lokayukta appointments must be done transparently so as to minimize the chances of the wrong sorts of people getting in.