Lokpal and Lokayukta are anti-corruption institutions, which function as ombudsmen to investigate allegations of corruption against public officials. The Lokpal operates at the national level, while Lokayukta functions at the state level. Both institutions aim to enhance accountability and transparency in governance.
Historical Background
The concept of an ombudsman originated in Sweden in 1809. In India, the idea was first proposed by Ashok Kumar Sen in the early 1960s. Dr. L. M. Singhvi coined the terms Lokpal and Lokayukta. In 1966, the First Administrative Reforms Commission recommended establishing these authorities. Despite several attempts, the Lokpal Bill lapsed multiple times until the India Against Corruption movement in 2011 led to the Lokpal and Lokayukta Act, 2013.
Key Provisions of the Lokpal Act, 2013
The Lokpal and Lokayukta Act, 2013, introduced several key provisions:
- Selection Committee: Comprises the Prime Minister, Speaker of Lok Sabha, Leader of Opposition, Chief Justice of India, and an eminent jurist.
- Jurisdiction: Includes the Prime Minister, Ministers, and Members of Parliament, among others.
- Composition: Consists of one chairperson and a maximum of eight members, half being judicial members.
- Superintendence: Has the authority to direct investigative agencies like the CBI.
Lokpal Structure
The Lokpal is a multi-member body. It consists of one chairperson and up to eight members. The chairperson must be a former Chief Justice of India or a retired Supreme Court judge. At least half of the members must be judicial members. The term of office is five years or until the age of 70, whichever comes first.
Lokayukta – State-Level Counterpart
Each state must establish a Lokayukta within one year of the Lokpal Act coming into force. The Lokayukta investigates complaints against state officials, similar to the Lokpal’s role at the national level. However, many states have yet to appoint a Lokayukta.
Jurisdiction and Powers of Lokpal
The Lokpal’s jurisdiction includes:
- Prime Minister and Ministers
- Members of Parliament
- Group A, B, C, and D government employees
The Lokpal can investigate any person involved in corruption, including those managing government-funded bodies. It has the authority to supervise and direct the CBI in cases referred to it.
Limitations of Lokpal
Despite its establishment, the Lokpal faces several challenges:
- No Lokpal has been appointed since the Act was passed, indicating a lack of political will.
- Only 16 states have established a Lokayukta.
- Political influence affects the appointment process.
- Judiciary is excluded from Lokpal’s jurisdiction.
- Whistle-blower protections are inadequate.
Lokpal Search Committee
The Lokpal Act mandates a search committee to shortlist candidates for the Lokpal. The Department of Personnel & Training (DoPT) compiles a list of candidates. This list is then reviewed by the selection panel, which is headed by the Prime Minister.
Amendments to the Lokpal Act
The Lokpal and Lokayukta (Amendment) Act, 2016, introduced changes to the 2013 Act. It altered the requirement for public servants to declare their assets. The amendment removed the 30-day deadline, allowing the government to prescribe the manner of declaration.
Existing Governance Framework Against Corruption
India’s anti-corruption framework includes:
- Prevention of Corruption Act, 1988: Main law addressing corruption.
- Central Bureau of Investigation (CBI): Investigates corruption cases.
- Central Vigilance Commission (CVC): Handles grievances related to corruption.
- Administrative Tribunals: Resolve disputes related to administrative actions.
Effectiveness of Lokpal and Lokayukta
The effectiveness of Lokpal and Lokayukta has been questioned. The absence of a Leader of Opposition has stalled the Lokpal appointment process. Many states have not aligned their Lokayukta laws with the Lokpal Act. Only a few states have appointed members to their Lokayukta.
Challenges Faced by Lokpal and Lokayukta
Several challenges hinder the effectiveness of Lokpal and Lokayukta:
- Lack of independence due to political influence in appointments.
- Anonymous complaints are not permitted, deterring whistleblowers.
- A seven-year limitation period for filing complaints may be insufficient.
- Heavy penalties for false complaints may discourage valid reports.
Recommendations for Improvement
To enhance the effectiveness of Lokpal and Lokayukta, the following measures are recommended:
- Strengthening functional autonomy and resources of the institutions.
- Ensuring financial and administrative independence from political influence.
- Promoting transparency and citizen empowerment in governance.
- Establishing decentralized institutions to prevent power concentration.
