Context: The Lokpal, India's first anti-corruption body, was created to address the rampant corruption that hampers governance. Established under the Lokpal and Lokayukta Act, 2013, it aims to investigate complaints of corruption against public officials.
· Despite its noble objectives, the Lokpal has faced significant challenges in effectively carrying out its mandate, resulting in slow progress and inefficiencies.
Key Issues Faced the Lokpal in India:
1. Slow Progress in Investigations: Since its establishment in 2019, the Lokpal has been criticized for its sluggish pace in handling complaints. Despite receiving thousands of complaints, only a small fraction have been investigated, with the body granting prosecution sanctions in just six cases. This slow response raises concerns about the effectiveness of the institution in addressing high-profile corruption cases.
2. Rejection of Complaints: Nearly 90% of the complaints filed with the Lokpal have been rejected, often due to improper formats. This raises questions about the accessibility of the system and whether procedural barriers are preventing legitimate cases from being heard. The complexity of the filing process may discourage citizens from using the platform to report corruption.
3. Complaints Against High-Ranking Officials: A critical aspect of the Lokpal's role is holding prominent public figures accountable. However, only 3% of the complaints filed were against high-ranking officials such as the Prime Minister, MPs, and Union Ministers. This indicates that while the Lokpal’s jurisdiction extends to these figures, it is not fully utilized in addressing corruption at the highest levels.
4. Delayed Appointments: Although the Lokpal Act was passed in 2013, the body was only fully constituted in 2019. The recent appointment of Justice A.M. Khanwilkar as the head in 2024 further highlights the delayed appointments. Vacancies in key positions, such as the Director of Inquiry and Director of Prosecution, have contributed to inefficiencies and operational delays within the institution.
5. Coordination with Other Agencies: The Lokpal heavily relies on other agencies like the Central Vigilance Commission (CVC) and the Central Bureau of Investigation (CBI) for conducting investigations. This dependency is due to the lack of adequate staffing and resources within the Lokpal itself, limiting its capacity to act independently and swiftly.
Structure and Powers of the Lokpal:
The Lokpal is a multi-member body consisting of:
- A Chairperson (either a former Chief Justice of India or an eminent expert),
- Eight members, with half being judicial and at least 50% from SC/ST/OBC/minorities and women.
The Lokpal has the power to inquire into corruption allegations, supervise investigations by agencies like the CBI, and recommend actions such as suspension, transfer, or confiscation of assets obtained through corruption.
Limitations of the Lokpal:
· Political Influence: The selection process for members can be influenced by political factors.
· Exclusion of the Judiciary: The judiciary is not within the Lokpal's jurisdiction.
· Lack of Whistleblower Protection: There are insufficient safeguards for individuals who report corruption.
· Time Limit on Complaints: Complaints older than seven years cannot be filed.
· No Constitutional Backing: This limits the body’s authority and effectiveness.
Suggestions for Improvement:
- Strengthening Functional Autonomy: Ensuring the Lokpal has the independence and resources to operate efficiently.
- Transparency in Appointments: Making the appointment process more transparent to avoid political interference.
- Whistleblower Protection: Providing stronger protections for those who report corruption.
- Empowering Citizens: Expanding the public’s access to information and decentralizing anti-corruption efforts.
