Lokpal’s Performance

Sub: Polity

Sec: Constitution

Context

It has been 12 years since the Lokpal Act was passed and 5 years since the Lokpal started functioning. The Lokpal has ordered investigations in only 24 cases and granted prosecution sanctions in 6 cases over five years

The Lokpal and Lokayuktas Act, 2013

The Lokpal and Lokayuktas Act, 2013, was enacted by the Indian Parliament to establish the Lokpal at the national level and Lokayuktas in states.
The Act provides a mechanism for investigating allegations of corruption against public functionaries and ensures accountability among public servants.

Composition of Lokpal

The Lokpal consists of a Chairperson and up to eight members. Key aspects include:

Chairperson: Serves as the head of the Lokpal.
Members: Out of the maximum eight members, 50% must be judicial members. Additionally, 50% of the members should be from Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), minorities, or women.

Selection Committee

The selection of the Chairperson and members is carried out by a committee comprising:

The Prime Minister
The Speaker of the Lok Sabha
The Leader of Opposition in the Lok Sabha
The Chief Justice of India or a Supreme Court judge nominated by the Chief Justice
An eminent jurist nominated by the President based on the recommendations of the first four members of the selection committee.

Powers and Functions of Lokpal

The Lokpal is vested with comprehensive powers to combat corruption, including:

Superintendence over Investigations: Authority over any central investigation agency, including the CBI, for cases referred by the Lokpal.
Search and Seizure: Can conduct search and seizure operations during investigations.
Power of Civil Court: Powers of a civil court in certain cases, such as summoning individuals, requiring discovery of documents, and receiving evidence.
Confiscation of Assets: Can order confiscation of assets acquired through corrupt means.

Jurisdiction

The Lokpal’s jurisdiction encompasses:

The Prime Minister, with specific exclusions related to international relations, external and internal security, public order, atomic energy, and space.
Current and former Union Ministers and Members of Parliament.
Group A, B, C, and D officers and officials of the Central Government.
Entities receiving donations from foreign sources in excess of ₹10 lakh per year under the Foreign Contribution Regulation Act (FCRA).

Evaluation of Lokpal’s Performance

Handling of Complaints

A total of 2,320 defect-free complaints were registered over five years.
From April to December 2024, 226 complaints were lodged.
About 90% of complaints were rejected as they were not in the correct format.
3% were against the Prime Minister, Members of Parliament, or Union Ministers.
21% were against Group A, B, C, or D officials of the Central Government.
35% targeted chairpersons or members in Central Government bodies.
41% fell under the ‘Others’ category, including State Government officials.

Delayed Appointment and Structural Issues

The first Lokpal, Justice Pinaki Chandra Ghosh, was appointed six years after the Act was passed, in March 2019.
Justice Ghosh’s tenure ended in May 2022, leaving the post vacant until March 2024, when Justice (retd) A.M. Khanwilkar was appointed as the second Lokpal.
Critical positions like Director of Inquiry and Director of Prosecution remain vacant, hindering investigations.

Coordination with Other Agencies

Due to the absence of a Director of Inquiry, preliminary inquiries are conducted by:

Legal and operation challenges

As per Section 53 of the Lokpal and Lokayuktas Act, complaints must be filed within seven years of the alleged offence, potentially limiting cases.
Lack of permanent staff and dependence on temporary employees during the transitional phase has impacted the body’s efficiency.