News Highlights:
- According to a Parliamentary panel report, around 68% of corruption complaints against public functionaries that landed with the Lokpal of India were “disposed of” without any action in the past four years.
- The Lokpal of India, the country’s first anti-corruption body instituted to investigate complaints against public functionaries, including the Prime Minister.
Key Highlights of the report:
- Overview:
- According to data provided by the Lokpal office to a parliamentary panel on the Department of Personnel and Training (DoPT), since 2019-20, the anti-corruption body received 8,703 complaints, out of which 5,981 complaints were disposed of.
- As many as 6,775 complaints were rejected for not being in the correct format.
- The office informed that only three complaints were fully investigated, and 36 complaints were at a preliminary stage. In 2022-23, as many as 2,760 complaints were received, out of which only 242 were in the prescribed format.
- The report said: “The Committee infers from the data provided by Lokpal that a large number of complaints are being disposed of on the ground that the complaint is not in the prescribed format.
- Lokpal has submitted to the Committee that it has not prosecuted even a single person accused of the graft to date.
Lokpal and Lokayuktas:
- About:
- The Lokpal and Lokayukta Act, 2013, provided for the establishment of Lokpal for the Union and Lokayukta for States.
- These institutions are statutory bodies without any constitutional status.
- They perform the function of an “ombudsman” and inquire into allegations of corruption against certain public functionaries and for related matters.
- India’s Lokpal is dedicated to addressing citizens’ complaints and aspirations for clean governance. It must use all of its powers to promote the public interest within its authority and to remove corruption in public life.
- In cases of alleged corruption, the Lokpal provides a mechanism for swift and unbiased investigation and prosecution.
- There are no limitations on who can file a complaint.
- Composition:
- The Lokpal panel must have a chairperson and a maximum of eight members, according to the Act.
- Four of them must be judicial members.
- Eligibility:
- Chairperson of Lokpal: A person must have served as Chief Justice of India, a Supreme Court judge, or a distinguished person with special knowledge and expertise in the areas of anti-corruption policy, public administration, vigilance, finance, law, and management for at least twenty-five years.
- Lokpal Judicial Member: The applicant must have served as a judge on the Supreme Court or as the Chief Justice of the High Court.
- Other Lokpal Members: Eminent persons with at least twenty-five years of specific knowledge and competence in anti-corruption policy, public administration, vigilance, finance, law, and management.
- At least half of the Lokpal members must be from Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities, and women.
- For the position of Lokayukta: A former Chief Justice of the High Court or a former Supreme Court judge normally serves as the Lokayukta.
- Term of Office:
- The President of India appoints the Chairperson and Members by warrant under his hand and seal, and they serve for a period of five years from the date of their appointment or until they reach the age of 70, whichever is earlier.
Function and Jurisdiction of Lokpal and Lokayukta:
- Jurisdiction of investigation:
- Anyone who is or has been Prime Minister, a Minister in the Union government, or a Member of Parliament, as well as officers of the Union Government in Groups A, B, C, and D, are eligible to be investigated by the Lokpal.
- If the allegations against the Prime Minister are related to foreign relations, external and internal security, public order, atomic energy, or space, the Lokpal cannot investigate.
- Also, complaints against the Prime Minister will not be investigated until the complete Lokpal bench recommends launching an investigation and at least two-thirds of the members accept it.
- If an investigation into the Prime Minister is underway, it should be conducted in secret. If the Lokpal decides that the complaint should be rejected, the investigation’s documents are not to be published or made available to the public.
- Lokpal is also applied to the chairpersons, members, executives, and directors of any board, corporation, society, trust, or autonomous organisation created by an Act of Parliament and supported entirely or partially by the Union or State governments. It also applies to any society, trust, or body that accepts a foreign gift of more than ten lakh rupees.
- Within 60 days, the Inquiry Wing or any other body must finish its preliminary investigation and submit a report to the Lokpal. Before presenting its report, it must obtain feedback from both the public servant and “the competent authority.” Each kind of public servant will have a “competent authority” as defined by the Act.
- The Lokpal has the authority to recommend the transfer or suspension of a public official who has been accused of corruption.
- Lokpal has the authority to issue orders prohibiting the destruction of records during the preliminary investigation.
- Search and Seizure:
- The Lokpal has the authority of search and seizure, as well as powers under the Civil Procedure Code to undertake preliminary inquiries and investigations, as well as the power to attach assets and take other measures to combat corruption.
- Supervise and Instruct:
- For cases submitted to them by the Lokpal, the Lokpal will have the authority to supervise and instruct any central investigating agency, including the CBI.
Need of Lokpal and Lokayuktas:
- Maladministration:
- It erodes a nation’s foundation like a termite over time and prevents the administration from doing its job. This issue is primarily caused by corruption.
- Independent organisations:
- Most anti-corruption organisations virtually ever function independently. Even the Supreme Court has referred to the CBI as “its master’s voice” and a “caged parrot.”
- Advisory organisations:
- The advice of many of these organisations is rarely acted upon because they are only advisory groups with no real authority.
- The issue of internal accountability and openness also exists. Additionally, there is no distinct and efficient way to hold these institutions accountable.
- Against corruption:
- The creation of independent Lokpal and Lokayukta organisations was a significant development in Indian political history that provided a defence against the corruption problem that would not go away.
Pic Courtesy: Freepik
Content Source: The Hindu