Lokpal of India Celebrates 1st Foundation Day

Syllabus: GS2/Polity; Statutory Bodies

Context

  • On January 16, 2025, the Lokpal of India celebrated its Foundation Day, marking 11 years since its inception on January 16, 2014, under the Lokpal and Lokayuktas Act, 2013.

Historical Background

  • The journey of Lokpal stems from:
    • First Administrative Reforms Commission (1966): Proposed a two-tier system with Lokpal at the Union level and Lokayuktas at the State level.
    • Lokpal and Lokayuktas Act, 2013: Passed to establish statutory bodies to combat corruption in public offices.
    • Inception: Lokpal was officially constituted on January 16, 2014, with its first Chairperson, Justice Pinaki Chandra Ghosh, appointed in 2019.
  • India is also a signatory to the United Nations Convention Against Corruption (2005), reflecting its commitment to combating corruption.

Lokpal: Mandate & Performance

  • Legal Authority: The Lokpal derives its authority from the Lokpal and Lokayuktas Act, 2013, which mandates it to:
    • Investigate corruption allegations against public officials, including:
      • Prime Minister (with safeguards related to national security, public order, etc.).
      • Union Ministers, Members of Parliament, and all public servants.
      • Entities receiving foreign contributions above ₹10 lakh.
      • Exercise supervisory powers over CBI, ensuring accountability during investigations.
  • Composition: 
    • Chairperson: A former Chief Justice of India, Supreme Court Judge, or an eminent person with integrity and expertise.
    • Members: Up to 8 members, with at least 50% being judicial members and 50% from underrepresented groups (SC/ST/OBC, minorities, and women).
  • Appointment and Tenure:
    • Appointed by the President of India based on recommendations from a Selection Committee (PM as chairman, Speaker of LS, Leader of Opposition of LS, CJI or eminent jurist).
    • Term: 5 years or until the age of 70 years, whichever is earlier.
  • Achievements:
    • Establishment of a prosecution wing to streamline corruption cases.
    • Enhanced oversight of public servants and central government-funded entities.
    • Promoted transparency and accountability through technology-driven processes.

Key Challenges Ahead of Lokpal

  • Delays in Appointments and Staffing: The first Lokpal, Justice Pinaki Chandra Ghosh, was appointed in March 2019, six years after the Act was passed.
    • The current Lokpal, Justice (retd) A.M. Khanwilkar, was appointed in March 2024. 
    • The Lokpal has faced issues related to staffing and the appointment of key positions such as the Director of Inquiry and Director of Prosecution.
  • Investigations and Prosecutions: Nearly 90% of complaints in the last five years were rejected due to incorrect formats or other procedural issues.
  • Coordination with Agencies: The Lokpal relies on various investigative agencies for conducting probes.
    • Ensuring seamless cooperation and avoiding bureaucratic bottlenecks remain critical hurdles.

Way Forward

  • Strengthening Infrastructure: Enhancing staffing, budgetary allocations, and technological support will enable faster and more thorough investigations.
  • Improved Coordination: Strengthening collaboration with other anti-corruption agencies, such as the CBI, can expedite case resolution.
  • Awareness Campaigns: Educating the public about the Lokpal’s role, jurisdiction, and procedures can encourage more citizens to come forward with complaints.
  • Transparency and Accountability: Regular public disclosures about ongoing investigations, within legal limits, can bolster trust in the institution.
Key Legislations in India pertaining to Anti-Corruption
Prevention of Corruption Act, 1988 (Amended in 2018): Criminalizes bribery and corruption by public officials and corporations.
1. Introduced stricter penalties and time-bound trials.
Whistleblowers Protection Act, 2014: Protects whistleblowers and ensures confidentiality.
1. Penalizes threats or victimization of whistleblowers.
Right to Information Act, 2005: Empowers citizens to access government information.
1. Promotes transparency and accountability in public offices.
Prevention of Money Laundering Act, 2002 (PMLA): Prevents money laundering and confiscates proceeds of crime.
1. Strengthens global cooperation in anti-money laundering efforts.
Companies Act, 2013: Regulates corporate fraud and governance.
1. Introduces penalties for fraud and unethical practices.
Benami Transactions (Prohibition) Act, 1988 (Amended in 2016): Criminalizes benami transactions to conceal property ownership.
1. Allows confiscation of benami properties.
Black Money (Undisclosed Foreign Income and Assets) Act, 2015: Targets undisclosed foreign income and assets.
1. Imposes heavy penalties and prosecution for offenders.
Fugitive Economic Offenders Act, 2018: Addresses economic offenders fleeing the country.
1. Allows confiscation of assets for offenses over ₹100 crore.

Source: TH