Lokpal and Lokayuktas Act, Powers, Functions and Issues

Lokpal is an independent body set up to look into the charges of corruption against public servants, ministers, and government officers. The word Lokpal refers to the protector of the people. This organization has been established through the Lokpal and Lokayuktas Act, 2013. It became operational in India from 16 January 2014 after the anti-corruption campaign of social activist Anna Hazare.

After many years of delay, the 1st Lokpal of India was appointed in March 2019, in the name of Justice Pinaki Chandra Ghose. The organisation is composed of 1 chairperson and not more than 8 members, out of whom half will be from the judiciary.

• Lokpal is a statutory and autonomous anti-corruption organ set up by the Lokpal and Lokayuktas Act, 2013. The Lokpal and Lokayuktas Bill, 2011 was passed by the Parliament on 17th December 2013.
• Since its notification, the Act came into force on 16th January, 2014 and has undergone one amendment in 2016. It is considered a special (sui generis) institution to ensure transparency and accountability among the key aspects of the central administration.

• The Lokpal consists of a Chairperson along with up to 8 Members.
• Some of them are judicial members and the others are non-judicial members.
• To ensure inclusivity at least 50% of the members must belong to SC, ST, OBC, minorities or women.

• The President of India appoints the Chairperson and Members.
• This appointment will be made as per the suggestions of a Selection Committee which will include:
  • Prime Minister (Chairperson)
  • Chairperson of the Lower House of Parliament.
  • Leader of Opposition in Lok Sabha
  • Chief Justice of India (or a judge of the Supreme Court who is nominated by him)
  • One eminent jurist nominated by the President.

• The Chairperson and Members hold office for 5 years or up to the age of 70 years, whichever comes first.

• The Lokpal has wide jurisdiction covering:
  • The Prime Minister (with certain exceptions)
  • Union Ministers
  • Members of Parliament
  • Central government representatives Group A to Group D.
• But the Lokpal does not have the power to investigate any complaint raised against the Prime Minister that concerns:
  • National security
  • Foreign relations
  • Public order
  • Space or atomic energy.

1. Inquiry Wing

• According to the Act, the Lokpal has to institute an Inquiry Wing headed by a Director of Inquiry.
• This wing carries out prelude investigations on offences in relation to Prevention of corruption Act, 1988.

2. Prosecution Wing

• The Lokpal also establishes a Prosecution Wing, under which is a Director of Prosecution.
• It works towards initiating and carrying out prosecution of situations dealing with corruption by the public servants.

• Supervisory Control of Investigations: The Lokpal has the control of the investigations by the Delhi Special Police Establishment (CBI) on cases referred to them..
• Coordination with CVC: It is necessary to coordinate with the CVC on how far the complaints as sent to it have been followed up by the Lokpal..
• Civil Court Powers: To investigate preliminarily, the Lokpal (via its Inquiry Wing) has powers equivalent to those of a civil court under the Code of Civil Procedure, 1908 such as, calling witnesses, investigation of evidence, and production of documents.

The Lokpal has had quite a number of practical and structural challenges which have hindered its performance despite its high legal foundation.

1. Delay in Operationalisation of Inquiry Wing

• Although the Inquiry Wing was formally set up in 2024, it is yet to become fully functional in practice.
• The reason behind the delay is mainly that regular appointments can only be made on the completion of the approval of the Lokpal Officers and Staff (Conditions of Service) Regulations, 2024 by the President.

2. Prosecution Wing Not Fully Active

• The Prosecution Wing has not been effectively operationalised yet will have the few cases it has dealt with.
• Presently, the prosecution work is being handled by the entire bench of the Lokpal who uses the status reports by investigating officers as opposed to a special mechanism.

3. Lack of Special Courts

• The Lokpal has suggested that a Special Court should be established at Delhi to expedite cases under the Prevention of Corruption Act, 1988.
• Nevertheless, the Department of Personnel and Training (DoPT) is yet to approve this proposal, which contributes to slags in the time of trials.

4. Underutilisation of Financial Resources

• This was less than 84% of the allocated money that was used in the financial year 2024-25.
• This is manifested in planning inefficiencies, implementation inefficiencies and institutional capacity inefficiency.

• No Constitutional Status: Lokpal is a statutory organ, which does not offer any better support as a constitutional status would.
• Criminal Backlog: The delay in administration is experienced with state agencies and government departments slowing down the investigation process.
• Limit on the time of complaints: No complaint is allowed more than 7 years old and this may be a bar to prosecution in ancient but serious instances of corruption.
• Judiciary Exclusionary: The judiciary is not under the state of Lokpal at all, restricting the overall scope of its accountability on people.

Parliamentary Committee Recommendations

• Make Wings Fully Functional: Within a set time period (e.g. 6 months) the Inquiry and Prosecution Wings needs to be fully functional with clearly defined roles, staffing and structure.
• Better coordination with organizations, such as CVC and CBI should be provided till that time.
• Establish Special Courts: One special court in Delhi must be informed to dispose of Lokpal cases, which must have time limits (ideally within one year).
• Fix Timelines for Responses: When undertaking investigations, the authorities must be mandated to provide their responses within a set time, and the penalties or the increased time should be given should there be delays.
• Encourage Digital Governance: Adoption of safe digital systems to file and process cases can cut down delays.
• Data handling and analysis could also be enhanced with the use of Artificial Intelligence (AI).

Additional Measures

• Develop Specialised Knowledge: Identification of new recruitment should be based on experts in fields such as forensic accounting, cyber crimes, and financial investigations to deal with new cases of corruption.
• Awareness : It needs to raise the awareness of the people on the role and the powers of Lokpal to encourage people to report corruption and demand accountability.