Lokpal and Lokayukta

Published on 21 Jan 2025

Lokpal & Lokayukta

The Act, 2013 provides for the establishment of the Lokpal and the Lokayukta at the Union and the State level respectively. These bodies have been tasked to inquire into allegations of corruption against public servants and political executives.

Significance of Lokpal 

• Accountability at the highest level: Lokpal ensures that even the highest public officials are not immune to scrutiny and legal action, thus making them accountable.

• Example: Though there exist certain limitations, even the Prime Minister's action can be looked into by the Lokpal.

• Independent authority: Lokpal has more independence than the CVC and the CBI which makes them more impartial and their investigations more objective. 

• Public participation: Lokpal encourages participation of citizens in the fight against corruption. Identity of the complainant shall be protected and even a foreigner can register a complaint.

• Example: In 2022-23 alone, Lokpal has received around 2760 complaints.

• Wide ranging powers: Lokpal has powers to confiscate assets, recommend transfer or suspension of public servants and powers to give directions to prevent destruction of records.

• Preventive role: The presence of Lokpal can generate a fear factor among the public servants and thus prevent them from engaging in corruption.

Issues associated with the office of Lokpal

• Lack of political will: The government has shown little interest in forming the body even after passing the legislation.

• Example: The appointment to Lokpal was delayed for 6 years on the argument that there is no Leader of Opposition.

• No institutional or procedural clarity: The body has not yet constituted an inquiry wing and investigation wing which create confusion and delay in offering service.

• Example: The Lokpal received 5680 complaints during 2021-22 but 5100 are not registered due to lack of procedural clarity. (RTI data)

• Limited powers: The Lokpal has many restrictions when looking into. the actions of the Prime Minister. Also, the judiciary is not under the purview of the Lokpal.

• Example: Two third of the members shall give approval when the case is against the Prime Minister.

• Not enough safeguard for the whistleblower: The body shall not accept any public interest disclosures unless the whistleblower reveals their identity.

• Lack of coordination: The Lokpal needs to coordinate with other investigating agencies like the CBI, but this coordination has been missing.

• Poor functioning Lokayukta: The institution formed at the state level has equally been dysfunctional and failed in enjoying significant power.

• Example: States like Uttarakhand and Himachal Pradesh has not formed Lokayukta. Kerala passed an ordinance to dilute the powers of the Lokayukta. In states like Nagaland and Karnataka, the post was held vacant for many months.

• Inefficiency: Lokpal has not prosecuted even a single person accused of graft till date 

• Example: Lokpal has not been able to investigate even 1% of the total complaints it has received over these years

• Procedural complexity: Out of these 8,703 complaints that it received between 2019 and 2023, it disposed of 5,900 complaints, since most of them were not received by the anti-corruption body in a prescribed format.

Way Forward

• Establish clarity on procedures: Strengthen the institutional mechanism and appoint adequate staff with well laid guidelines to register and solve pending cases.

• Protection to whistleblower: Anonymity shall be entertained in certain cases where the public servant under question is highly influential.

• Balanced appointment committee: In the absence of a true opposition leader, the selection committee should be reconstituted to have a balanced presence of ruling party, opposition and the judiciary.

The Lokpal was constituted with great hope of creating a corruption free governance. To attain this goal, the government must bring reforms to the institution to make them capable enough to live upto its real potential.

Tags:
Polity

Keywords:
Non constitutional bodies Lokpal Lokayukta Statutory bodies

Syllabus:
General Studies Paper 2

Topics:
Governance and Transparency