The recent appointment of Justice Ajay Manikrao Khanwilkar as the Lokpal Chairperson comes over two years after the vacancy arose in May 2020. This fills up a key post for strengthening anti-corruption ombudsman mechanisms as public frustrations over graft persist.
Lokpal and Lokayuktas Act 2013
Overview
- Enacted to establish an independent body investigating corruption complaints against public servants
Key Provisions
- Creation of Lokpal oversight body at national level
- Mandates states to set up Lokayuktas against corruption at state level
Powers Conferred
- Initiate probe through independent inquiry wing without needing external clearance
- Prosecution through special courts on establishing offence commitment
Structure and Composition
The Lokpal consists of
- Chairperson (current head count – 1)
- Maximum of 8 Members comprising 50% judicial and 50% non-judicial
Selection Process
- Selected by a committee comprising Prime Minister, Lok Sabha Speaker, Leader of Opposition, Chief Justice of India & eminent jurist
Vacancy Current Status
Designated Strength
| Post | Sanctioned Strength | Current Serving |
| Chairperson | 1 | 1 |
| Judicial Member | 4 | 2 |
| Non-Judicial Member | 4 | 1 |
Nine Year Performance
- Cases Disposed: Between 2014 to 2023, the Lokpal disposed 1,281 complaints and 179 preliminary inquiries.
- Conviction Rate: Only 7 cases registered since inception have completed trials. Of them, just 1 resulted in a conviction – a disproportionate assets case.
Comparison with Global Peers
| Agency | Annual Cases Handled | Conviction Rate % |
| Poland’s Central Anti-Corruption Bureau | 828 cases | 67% conviction rate |
| China’s National Corruption Prevention Bureau | 37,000 | 99% for 2021 |
| Indonesia’s Corruption Eradication Commission | 100 cases on average | 75% conviction rate |
While structural and mandate differences inhibit direct comparison, the low conviction rates indicate prevention effectiveness gaps that the appointment will aim to bridge.
Appointment Significance
Catalyse Pending Appointments
- Help consolidate pending appointments for vacant judicial, non-judicial members posts
- Strengthen leadership needed to coordinate selection, build cohesive team
Boost Capacity, Reduce Pendency
- Additional workforce to investigate over 1000 pending inquiries and complaints
- Focus on procedural delays seeing over 5 years taken for a single case completion
Enhance Prevention Outcomes
- Set benchmark for corruption probes prioritizing on major serial offenders.
- Reverse declining conviction trends through process efficiency, investigation rigor
Infusion of Fresh Vigour
- Instil renewed public trust on resolving high profile graft cases across domains
- Coordinate with government on upgrading infrastructure assets towards the same
Caveats Requiring Mitigation
Financial Constraints
- In 2022-23, Lokpal was allocated Rs 46 crore catering to establishment, awareness costs
- With added workforce, asset creation costs to rise needing higher budgetary support
Inadequate Prosecution Capacity
- Severe Prosecutor shortage with only two serving currently against requirement estimate of fifty
- Impedes timeliness and rigour attainment in legal proceedings
Dilution Concerns
- Apprehensions exist that appointment opacity enables backdoor political interference, patronage
- Safeguards against arbitrary removal processes protect independence only formally
Previous Appointees’ Contribution
- Former Chairperson Justice Pinaki Chandra Ghose instituted key reforms in functioning through computerization, digitisation during his 2019-2022 tenure
- Ensured inquiry procedures were systematized enabling swift case disposal, conviction in one case
CAG Performance Audit on Lokpal (2021)
Parameters Assessed
- Pace of inquiry completion, monitoring efficiency, staff adequacy
Key Findings
- Only 38% of inquiries completed within mandated one year duration
- Absence of centralized case monitoring system constrained output measurement
- Nearly 50% allocated positions vacant hampering case load management
Supreme Audit Recommendations
- Expedite recruitment to bridge manpower deficiencies affecting productivity
- Develop centralized registry for tracking inquiry stages towards adherence
- Prepare clear target efficiency metrics for graft cases probing, judgment
Impact of Anti-Corruption Bureau, Lokayukta
- Need assessed for harmonizing mandate equations to strengthen synergies on graft prevention
- Institutional coordination vital for actionable shared learnings on investigation good practices
The appointment comes at an opportune time for India to reiterate anti-graft commitments domestically and internationally. Besides accelerating selections for member vacancies, financial constraints affecting operations require policy attention. Reducing delays by enhancing procedural transparency and prosecution capacities will help reverse unsatisfactory conviction trends. But beyond tools, the test lies in walking the talk through visibly impartial conduct inspiring public confidence.