Lokpal and Lokayukta

Syllabus: Statutory, regulatory and various quasi-judicial bodies

Context: Lokpal floated tender for seven BMW luxury cars worth ₹5 crore for members, drawing Opposition criticism over misplaced priorities.

Lokpal and Lokayukta Act, 2013

• Legislative Framework
  • Enactment Purpose: Established Lokpal at Union level and Lokayukta at State level for corruption complaints against public functionaries.
  • 2016 Amendment: Enabled leader of single largest opposition party to join Lokpal selection committee without recognized Leader of Opposition.
    • Also amended Section 44 regarding asset and liability disclosure provisions.
• Lokpal: Structure and Appointment
  • Composition
    • Chairperson with maximum eight members, ensuring 50% are judicial members.
    • Reservation: At least 50% total members from SC, ST, OBC, minorities and women.
    • Tenure: Five years or until 70 years age, whichever is earlier.
  • Selection Committee
    • President appoints after selection committee recommendations comprising
      • Prime Minister (Chairperson), 
      • Lok Sabha Speaker, 
      • Leader of Opposition 
      • Chief Justice of India 
      • one eminent jurist nominated by President.
  • Jurisdiction Coverage
    • Extensive Reach: Includes Prime Minister (except international relations, security, public order, atomic energy, space allegations), Ministers, Parliament members, and all Central Government officers (Groups A, B, C, D).
  • Powers and Functions
    • DSPE Superintendence: Exercises oversight over Delhi Special Police Establishment investigations for preliminary inquiries.
    • Investigation Powers: Authorizes agencies for document search and seizure during investigations.
    • CVC Coordination: Central Vigilance Commission reports complaint actions; Lokpal issues disposal guidelines.
    • Judicial Powers: Possesses civil court powers under Code of Civil Procedure, 1908 for preliminary inquiries.
• Lokayukta: State-Level Framework
  • State Autonomy: Each state establishes Lokayukta through separate legislation with varying structure, eligibility, tenure and appointment methods.

Critical Issues

• Whistleblower Protection Gap
  • Inadequate Immunity: Act fails providing concrete protection to complainants discouraging corruption reporting.
  • Reverse Penalty: Inquiry provisions against complainant when accused found innocent creates fear.
• Structural Weaknesses
  • Appeal Limitations: Inadequate appeal provisions reduce process transparency significantly.
  • Political Influence: Selection committee’s political composition risks compromising Lokpal’s independence.
  • Ambiguous Criteria: No clear definition of “eminent jurist” enabling appointment manipulation.
• Jurisdictional Concerns
  • PM Inclusion Debate: Enquiry into Prime Minister’s conduct by non-Parliamentary authority undermines government leadership capacity.
• Other Lacunae
  • No constitutional backing
  • Seven-year complaint limitation
  • Judiciary exclusion
  • Unclear Lokayukta appointment provisions,
  • Investigation delays.

Reform Recommendations

• Second ARC Suggestions
  • PM Exclusion: Remove Prime Minister from Lokpal purview preserving parliamentary supremacy.
  • Constitutional Status: Grant constitutional backing with financial autonomy enhancing institutional strength.
  • Power Distribution: Decentralize authority across multiple accountable institutions preventing excessive concentration.
• 11th All India Lokayukta Conference (2012)
  • Nodal Agency Status: Make Lokayukta single point for all corruption complaints.
  • Enhanced Powers: Grant jurisdiction over state probe agencies, search and seizure powers, contempt proceedings authority.
  • Bureaucratic Coverage: Include all state bureaucrats under Lokayukta ambit.
  • Operational Autonomy: Ensure administrative and financial independence for effective functioning.
  • NGO Inclusion: Bring government-funded NGOs under Lokayukta jurisdiction.

Conclusion

• Implementation Priority: Better execution of existing laws more crucial than creating additional legislation. As Publius Cornelius Tacitus observed, “the more corrupt the state, the more laws”—emphasizing quality enforcement over legislative quantity.

Q- “The Lokpal institution, despite being established to combat corruption, faces challenges related to political influence and operational autonomy.” Examine the structural weaknesses in the Lokpal framework and suggest measures to enhance its effectiveness. (15 Marks)