Lokpal and Lokayukta

Why in the News?

The Lokpal of India, a statutory anti-corruption body established under Lokpal and Lokayuktas Act, 2013 celebrated its first foundation day in January 2025.

About Lokpal and Lokayukta Act, 2013

• The act mandated the establishment of the Lokpal at the union level and Lokayukta at the state level to deal with complaints relating to corruption against certain public functionaries.
• This act was amended in 2016, enabling the leader of the single largest opposition party in the Lok Sabha to become a member of the selection committee of Lokpal in the absence of a recognized Leader of Opposition.
  • It also amended Section 44 of the act which dealt with the provisions of furnishing of details of assets and liabilities. 

About Lokpal

• Composition: Consists of a Chairperson and up to 8 Members, with 50% being Judicial Members.
  • At least 50% of total Members must be from SC, ST, OBC, Minorities, and women.

• Term for members: 5 years or till the age of 70 years.
• Appointment: Appointed by the President after obtaining the recommendations of a Selection Committee consisting of-
  • Prime Minister (Chairperson)
  • Speaker of Lok Sabha
  • Leader of Opposition /Leader of single largest opposition party in Lok Sabha
  • Chief Justice of India/Judge of the Supreme Court nominated by him/her
  • One eminent jurist to be nominated by the President
• Jurisdiction of Lokpal: Includes Prime Minister (except on allegations of corruption relating to international relations, security, the public order, atomic energy and space), Ministers, members of Parliament, Groups A, B, C and D officers and officials of Central Government.
• Powers and Functions
  • Superintendence Over Investigations of Delhi Special Police Establishment (DSPE) concerning matters referred for preliminary inquiry or investigation.
  • Can authorize agencies to search for and seize documents relevant to an investigation.
  • Central Vigilance Commission must report to the Lokpal on actions taken on referred complaints, with the Lokpal issuing guidelines for effective disposal.
  • Powers of a civil court for the purpose of any preliminary inquiry, the Inquiry Wing under the Code of Civil Procedure, 1908.

Issues with the Lokpal/Lokayukta Office

• Protection to the complainant: The Lokpal and Lokayukta Act 2013 failed to provide concrete immunity to the whistleblowers. 
  • The provision related to the initiation of inquiry against the complainant, in cases where the accused is found innocent, leads to discouraging people from making complaints
• Inadequate provisions for appeal: This prohibits the transparency in the process.
• Possibility of the political influence: The selection committee of Lokpal/Lokayukta consists of members from political parties that put Lokpal under political influence.
  • Additionally there are no criteria to decide who is an 'eminent jurist' which manipulates the method of the appointment of Lokpal.
• Inclusion of PM under jurisdiction of Lokpal: Any enquiry into a Prime Minister's official conduct by any authority other than the Parliament could severely undermine their capacity to lead the government.
• Other Lacunae in the act:
  • Lack of constitutional backing for the offices.
  • Delays due to sufficient information from the government departments, and State investigating agencies. 
  • Complaint against corruption cannot be registered after a period of 7 years.
  • Judiciary has been kept out of the purview of the lokpal.
  • Lack of clear provisions regarding appointment of Lokayukta.

Way Forward

• 2^nd ARC recommendations
  • PM should be kept out of the purview of Lokpal, any enquiry into a Prime Minister's official conduct by any authority other than the Parliament would severely undermine the Prime Minister's capacity to lead the government. 
• Providing constitutional backing to the office, along with financial autonomy could enhance its functioning.
• Distributing power across multiple decentralized institutions, each with proper accountability measures, to help prevent excessive concentration of authority in a single body
• 11th All India Lokayukta Conference (2012) suggested following reforms for enhancing effectiveness of Lokayukta
  • Make Lokayukta the nodal agency for receiving all corruption complaints.
  • Accord Lokayukta jurisdiction over State-level probe agencies.
  • Bring bureaucrats under the ambit of the Lokayuktas.
  • Accord powers of search and seizure, and powers to initiate contempt proceedings
  • Provide administrative and financial autonomy to the Lokayukta for better functioning.
  • Bring Non-Governmental Organizations (NGOs), funded by the government, under the Lokayukta's jurisdiction

Conclusion

It is rightly said by Publius Comelius Tecitus that "the more corrupt the state, the more laws". In this context what a country requires is better execution of present laws rather than creation of more and more laws.