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.
- Investigate corruption allegations against public officials, including:
- 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
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