The Lokpal and Lokayuktas Act, 2013, marks a landmark initiative in India’s battle against corruption. This legislation was enacted to provide an institutional framework for investigating and prosecuting public officials suspected of engaging in corrupt practices. It establishes the Lokpal at the national level and mandates the formation of Lokayuktas in the states, creating a decentralized mechanism to address corruption comprehensively. The passage of the Act was significantly influenced by public demand for greater accountability, especially following the 2011 anti-corruption movement led by Anna Hazare. This widespread agitation emphasized the need for robust institutional measures to combat corruption, eventually leading to the enactment of the Lokpal and Lokayuktas Act. This article provides an in-depth exploration of the Act’s background, provisions, structure, and challenges.
Historical Context and Rationale-
The concept of an independent ombudsman to tackle corruption had been discussed in India for decades. The first proposal for a Lokpal came from legal expert Shanti Bhushan in 1963. Over subsequent years, several bills aiming to create such an office were introduced in Parliament but faced significant resistance and failed to materialize. The momentum shifted in 2011 when Anna Hazare’s anti-corruption movement captured national attention. The campaign, which resonated deeply with citizens frustrated by widespread corruption, put immense pressure on the government to act. This led to the passage of the Lokpal and Lokayuktas Act in 2013, signaling a new era in India’s efforts to ensure accountability among public officials.
Key Provisions of the Lokpal and Lokayuktas Act, 2013-
The Act provides a robust framework for investigating corruption-related complaints against public servants. Below are the primary features of the law:
1. Establishment of Lokpal at the National Level
The Lokpal is an independent statutory body tasked with investigating allegations of corruption involving public officials, including ministers and members of Parliament. The structure of the institution includes:
· A Chairperson.
· Up to eight members, with at least half being judicial members, and the remaining members representing groups such as Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities, or women..
Selection Process:
The Chairperson and members are appointed by a committee composed of:
1. The Prime Minister.
2. The Leader of the Opposition in the Lok Sabha.
3. The Chief Justice of India or a Supreme Court judge appointed by the Chief Justice.
4. A distinguished jurist nominated by the President.
This selection process is designed to ensure that the Lokpal operates impartially and maintains its credibility.
2. Jurisdiction of the Lokpal
The Lokpal’s jurisdiction covers the following:
1. Prime Minister: Investigations can be conducted, with the exception of matters related to national security, public order, or foreign relations.
2. Members of Parliament: Allegations of corruption involving public services or government resources are within the Lokpal’s scope.
3. Government Officials: Central government employees, as well as those in public sector undertakings and autonomous bodies, are subject to its authority.
4. Public Servants: Officials working in public sector banks and financial institutions are also held accountable under the Lokpal.
3. Powers and Functions of the Lokpal
The Lokpal’s responsibilities include:
· Investigation: Probing allegations of corruption, embezzlement, or abuse of office based on complaints or suo-motu action.
· Prosecution: Recommending prosecution or disciplinary action based on investigation findings.
· Asset Disclosure: Ensuring public officials disclose their assets and liabilities, with mechanisms to scrutinize these declarations.
· Whistleblower Protection: Safeguarding individuals who expose corrupt practices from harassment or victimization.
4. State-Level Lokayuktas
The Act mandates every state to establish a Lokayukta to address corruption within state governments. Lokayuktas mirror the Lokpal in terms of structure and powers but focus exclusively on state-level officials.
5. Public Disclosure and Transparency
The Lokpal must publish details of its investigations, barring cases where confidentiality is essential. This promotes public trust and accountability.
Challenges and Criticisms
Despite its ambitious provisions, the Lokpal and Lokayuktas Act faces several challenges:
1. Exclusions for the Prime Minister: Certain exemptions, such as matters related to national security and foreign relations, limit the scope of investigations involving the Prime Minister, raising questions about the Act’s comprehensiveness.
2. Perceived Lack of Autonomy: Critics argue that the selection process allows room for political influence, potentially undermining the Lokpal’s independence.
3. Resource Constraints: The institution’s effectiveness depends on adequate staffing and funding, which remain areas of concern.
4. Delayed Appointments: Prolonged delays in appointing Lokpal members have hindered the institution’s operational effectiveness.
5. Inconsistent State Compliance: While Lokayuktas are mandatory, many states have been slow to implement the provision, resulting in uneven application of the law.
Conclusion:
The Lokpal and Lokayuktas Act, 2013, represents a critical milestone in India’s anti-corruption journey. By establishing independent and empowered institutions to investigate and act against corruption, the Act lays the foundation for greater accountability in public life.
However, its success depends on addressing operational challenges, ensuring political neutrality, and enhancing the capacity of these institutions. Continued public and political commitment is essential to realize the full potential of the Lokpal and Lokayuktas Act as a robust tool against corruption in India.
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Lokpal and Lokayuktas Act, 2013, No. 1, Acts of Parliament, 2014 (India)
Shanti Bhushan, Ideas of Accountability in Governance, 18 J. Indian L. Inst. 8, 10 (1963). https://saslawchambers.com
Parliamentary Debates, Lok Sabha, vol. XXXII, col. 124–125 (1968).
Anna Hazare, My Thoughts on Corruption and Governance, 2 Anti-Corruption Rev. 48, 53 (2013). https://saslawchambers.com
Rajdeep Sardesai, 2011 Anti-Corruption Movement: A New Wave of Activism, Hindustan Times (Jan. 12, 2012), https://www.hindustantimes.com/archives/anti-corruption.
Editorial, Challenges Facing the Lokpal Institution, The Hindu (Oct. 8, 2018), https://www.thehindu.com/opinion/editorial/lokpal-challenges.
