{"id":29529,"date":"2024-09-16T18:23:41","date_gmt":"2024-09-16T12:53:41","guid":{"rendered":"https:\/\/www.nextias.com\/ca\/?p=29529"},"modified":"2024-09-16T18:23:42","modified_gmt":"2024-09-16T12:53:42","slug":"lokpal-forms-inquiry-wing-to-probe-graft-cases-against-public-servants","status":"publish","type":"post","link":"https:\/\/www.nextias.com\/ca\/current-affairs\/16-09-2024\/lokpal-forms-inquiry-wing-to-probe-graft-cases-against-public-servants","title":{"rendered":"Lokpal Forms Inquiry Wing to Probe Graft Cases Against Public Servants"},"content":{"rendered":"\n<p><strong>Syllabus: GS2\/ Polity and Governance<\/strong><\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Context<\/strong><\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Anti-corruption ombudsman Lokpal has constituted an inquiry wing for conducting preliminary probe into graft-related offenses committed by public servants.<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Inquiry Wing of Lokpal<\/strong><\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li>To discharge its statutory functions, <strong>Section 11 of the\u00a0 Lokpal and Lokayuktas Act 2013,<\/strong> obligates the Lokpal to constitute an inquiry wing.\n<ul class=\"wp-block-list\">\n<li>The purpose of the wing is conducting preliminary inquiry into any offense punishable under the P<strong>revention of Corruption Act, 1988<\/strong>, alleged to have been committed by the specified public servants and functionaries.<\/li>\n<\/ul>\n<\/li>\n\n\n\n<li><strong>The Lokpal chairperson<\/strong> has been <strong>authorized to commence the selection process <\/strong>for appointment of a specified number of suitable persons as officers and staff required to provide logistical assistance in the inquiry wing.<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Structure of the Inquiry Wing<\/strong><\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The bench of the <strong>Lokpal had approved organogram providing for the staffing pattern<\/strong> and specified number of suitable officers and staff for the inquiry wing.<\/li>\n\n\n\n<li>According to the organogram, there will be a <strong>Director of Inquiry<\/strong> under the Lokpal chairperson.\n<ul class=\"wp-block-list\">\n<li>The director will be assisted by <strong>three Superintendents of Police (SPs)<\/strong> \u2014 SP (general), SP (economic and banking)\u00a0 and SP (cyber).\u00a0<\/li>\n\n\n\n<li>Each SP will be further assisted by inquiry officers and other staff.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n\n\n\n<figure class=\"wp-block-table\"><table class=\"has-background\" style=\"background-color:#fff2cc\"><tbody><tr><td><strong>Lokpal in India<\/strong><br>&#8211; In India, the <strong>ombudsman is known as Lokpal( \u201cprotector of people\u201d)<\/strong> or Lokayukta( People\u2019s appointee).<br>&#8211; The Lokpal, established as an independent anti-corruption ombudsman at the central level to investigate allegations of corruption against public officials, including PM, derives authority from the <strong>Lokpal and Lokayuktas Act, 2013.<\/strong><br>1. <strong>Social activist Anna Hazare\u2019s movement<\/strong> against corruption in 2011 fueled public demand, leading to the eventual passage of the Lokpal Act.<br><strong>Structure of Lokpal<\/strong><br>&#8211; The institution of Lokpal is a <strong>statutory body<\/strong> established by the <strong>Lokpal Act 2013.\u00a0<\/strong><br>&#8211; <strong>Members:<\/strong> Lokpal is a multi member body, made up of <strong>one chairperson and maximum of 8 members.<\/strong><br>1. <strong>Half members will be judicial members<\/strong> and should be either a former Judge of the Supreme Court or a former Chief Justice of a High Court.\u00a0<br>2. The non-judicial member should be an eminent person with impeccable integrity and outstanding ability.\u00a0<br>3. Minimum fifty per cent of the Members will be from SC \/ ST \/ OBC \/ Minorities and women.\u00a0<br>&#8211; <strong>Selection committee:<\/strong> The members are appointed by the president on the recommendation of a selection committee, composed of:<br>1. The Prime Minister who is the Chairperson;\u00a0<br>2. Speaker of Lok Sabha ,<br>3. Leader of Opposition in Lok Sabha ,<br>4. Chief Justice of India or a Judge nominated by him \/ her, and One eminent jurist.<br><strong>Jurisdiction of Lokpal<\/strong><br>&#8211; The jurisdiction of the Lokpal will include the Prime Minister except on: Allegations of corruption relating to international relations, security, the public order, atomic energy and space.<br>&#8211; <strong>Ministers and MPs:<\/strong> The Lokpal will also have jurisdiction over Ministers and MPs except not in the matter of anything said in Parliament or a vote given there.\u00a0<br>&#8211; <strong>Public Servants:<\/strong> Lokpal\u2019s jurisdiction will cover all categories of public servants within and outside India.<br>&#8211; <strong>Related to CBI:<\/strong> It has the powers to superintendence over, and to give direction to CBI.<br>1. If Lokpal has referred a case to CBI, the investigating officer in such case cannot be transferred without the approval of Lokpal.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Issue with Lokpal<\/strong><\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>\u00a0Operational Delays: <\/strong>Operational efficiency is hampered by delays in appointments. For instance, there was a 21-month delay in appointing a new Lokpal after the post fell vacant in May 2022.\n<ul class=\"wp-block-list\">\n<li>Although the Lokpal Act was enacted in 2014, the institution only became functional in 2019, which reflects significant delays in its operationalization.\u00a0<\/li>\n<\/ul>\n<\/li>\n\n\n\n<li><strong>Pending Complaints: <\/strong>According to recent data, the Lokpal has a backlog of pending complaints. As of July 2024,<strong> 52 graft-related complaints<\/strong> were still awaiting action, indicating that the institution struggles to manage its caseload effectively.<\/li>\n\n\n\n<li><strong>Jurisdictional Conflicts: <\/strong>Overlapping jurisdictions with other vigilance agencies cause conflicts, creating confusion over authority and responsibility in investigations, which delays action against corrupt officials.<\/li>\n\n\n\n<li><strong>Prosecution Wing Not Constituted: <\/strong>Despite the provision in the Lokpal Act for setting up a prosecution wing headed by a Director of Prosecution, this has yet to be constituted.<\/li>\n\n\n\n<li><strong>Political Influence and Interference: <\/strong>The Lokpal&#8217;s appointment committee includes members from political parties, which raises concerns about political interference.<\/li>\n\n\n\n<li><strong>Ambiguity in Selection of Eminent Jurists: <\/strong>The vague criteria for appointing &#8220;eminent jurists&#8221; and &#8220;persons of integrity&#8221; can be manipulated to favor political choices.<\/li>\n\n\n\n<li><strong>No Constitutional Backing: <\/strong>The Lokpal lacks constitutional status, which weakens its institutional authority and durability.<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Way Forward<\/strong><\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The Lokpal remains a significant institution in India\u2019s fight against corruption. A powerful and independent Lokpal can play a pivotal role in<strong> fostering a culture of transparency and accountability<\/strong> within the Indian government.\u00a0<\/li>\n\n\n\n<li>By addressing the challenges and implementing necessary reforms, India can maximize the effectiveness of this crucial anti-corruption institution.<\/li>\n\n\n\n<li>There is a need to<strong> grant greater powers to the Lokpal<\/strong> to independently initiate investigations, enforce prosecutions, and implement punishments to enhance its effectiveness.<\/li>\n<\/ul>\n\n\n\n<p><strong>Source: <\/strong><a href=\"https:\/\/www.business-standard.com\/india-news\/lokpal-forms-inquiry-wing-to-probe-graft-cases-against-public-servants-124091100470_1.html\" target=\"_blank\" rel=\"noopener\"><strong>BS<\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Anti-corruption ombudsman Lokpal has constituted an inquiry wing for conducting preliminary probe into graft-related offenses committed by public servants.<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-29529","post","type-post","status-publish","format-standard","hentry","category-current-affairs"],"acf":[],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/posts\/29529","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/comments?post=29529"}],"version-history":[{"count":1,"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/posts\/29529\/revisions"}],"predecessor-version":[{"id":29530,"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/posts\/29529\/revisions\/29530"}],"wp:attachment":[{"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/media?parent=29529"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/categories?post=29529"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/tags?post=29529"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}