Lokpal Forms Inquiry Wing to Probe Graft Cases Against Public Servants

September 18, 2024

General Studies Paper-2

Context: Anti-corruption ombudsman Lokpal has constituted an inquiry wing for conducting preliminary probe into graft-related offenses committed by public servants.

Inquiry Wing of Lokpal

To discharge its statutory functions, Section 11 of the Lokpal and Lokayuktas Act 2013, obligates the Lokpal to constitute an inquiry wing.
- The purpose of the wing is conducting preliminary inquiry into any offense punishable under the Prevention of Corruption Act, 1988, alleged to have been committed by the specified public servants and functionaries.
The Lokpal chairperson has been authorized to commence the selection process for appointment of a specified number of suitable persons as officers and staff required to provide logistical assistance in the inquiry wing.

Structure of the Inquiry Wing

The bench of the Lokpal had approved organogram providing for the staffing pattern and specified number of suitable officers and staff for the inquiry wing.
According to the organogram, there will be a Director of Inquiry under the Lokpal chairperson.
- The director will be assisted by three Superintendents of Police (SPs) — SP (general), SP (economic and banking) and SP (cyber).
- Each SP will be further assisted by inquiry officers and other staff.

Lokpal in India

v In India, the ombudsman is known as Lokpal( “protector of people”) or Lokayukta( People’s appointee).

v 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 Lokpal and Lokayuktas Act, 2013.

1. Social activist Anna Hazare’s movement against corruption in 2011 fueled public demand, leading to the eventual passage of the Lokpal Act.

Structure of Lokpal

v The institution of Lokpal is a statutory body established by the Lokpal Act 2013.

v Members: Lokpal is a multi member body, made up of one chairperson and maximum of 8 members.

1. Half members will be judicial members and should be either a former Judge of the Supreme Court or a former Chief Justice of a High Court.

2. The non-judicial member should be an eminent person with impeccable integrity and outstanding ability.

3. Minimum fifty per cent of the Members will be from SC / ST / OBC / Minorities and women.

v Selection committee: The members are appointed by the president on the recommendation of a selection committee, composed of:

1. The Prime Minister who is the Chairperson;

2. Speaker of Lok Sabha ,

3. Leader of Opposition in Lok Sabha ,

4. Chief Justice of India or a Judge nominated by him / her, and One eminent jurist.

Jurisdiction of Lokpal

v 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.

v Ministers and MPs: 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.

v Public Servants: Lokpal’s jurisdiction will cover all categories of public servants within and outside India.

v Related to CBI: It has the powers to superintendence over, and to give direction to CBI.

1. If Lokpal has referred a case to CBI, the investigating officer in such case cannot be transferred without the approval of Lokpal.

Issue with Lokpal

Operational Delays: 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.
- Although the Lokpal Act was enacted in 2014, the institution only became functional in 2019, which reflects significant delays in its operationalization.
Pending Complaints: According to recent data, the Lokpal has a backlog of pending complaints. As of July 2024, 52 graft-related complaints were still awaiting action, indicating that the institution struggles to manage its caseload effectively.
Jurisdictional Conflicts: Overlapping jurisdictions with other vigilance agencies cause conflicts, creating confusion over authority and responsibility in investigations, which delays action against corrupt officials.
Prosecution Wing Not Constituted: 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.
Political Influence and Interference: The Lokpal’s appointment committee includes members from political parties, which raises concerns about political interference.
Ambiguity in Selection of Eminent Jurists: The vague criteria for appointing “eminent jurists” and “persons of integrity” can be manipulated to favor political choices.
No Constitutional Backing: The Lokpal lacks constitutional status, which weakens its institutional authority and durability.

Way Forward

The Lokpal remains a significant institution in India’s fight against corruption. A powerful and independent Lokpal can play a pivotal role in fostering a culture of transparency and accountability within the Indian government.
By addressing the challenges and implementing necessary reforms, India can maximize the effectiveness of this crucial anti-corruption institution.
There is a need to grant greater powers to the Lokpal to independently initiate investigations, enforce prosecutions, and implement punishments to enhance its effectiveness.