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Lokpal: India’s Anti-Corruption Ombudsman

 

Lokpal: India’s Anti-Corruption Ombudsman


Introduction

The Supreme Court of India recently stayed a Lokpal order bringing High Court judges under its jurisdiction, calling the interpretation “very disturbing.” This has reignited debates on the powers and jurisdiction of Lokpal in fighting corruption at the highest levels.

What is Lokpal?

Lokpal is an independent anti-corruption body established to investigate corruption allegations against public officials, including the Prime Minister, Ministers, Members of Parliament (MPs), and government employees.

Background and Establishment

  • Concept Origin: The idea of an ombudsman was first introduced in Sweden (1809).
  • India’s Proposal: The term “Lokpal” was coined by Dr. L.M. Singhvi in 1963 and was first proposed in Parliament in the 1960s by former Law Minister Ashok Kumar Sen.
  • Legislation: The Lokpal and Lokayuktas Act, 2013 was passed after widespread public protests led by Anna Hazare during the India Against Corruption (IAC) movement.

Structure of Lokpal

Composition

  • Lokpal consists of a chairperson and up to eight members.
  • 50% of its members must be judicial members.
  • At least 50% must belong to SC/ST/OBC, minorities, or women categories.

Selection Committee

The Lokpal selection committee includes:

  1. Prime Minister (Chairperson)
  2. Lok Sabha Speaker
  3. Leader of the Opposition in Lok Sabha
  4. Chief Justice of India or a nominated Supreme Court judge
  5. An eminent jurist

Jurisdiction of Lokpal

  • Prime Minister (With Exceptions) – Lokpal can probe corruption charges against the PM, except in matters of national security and international relations.
  • Union Ministers and MPs – Can be investigated for corruption.
  • Government Officials – Covers Groups A, B, C, and D government employees.
  • Boards, Corporations, and NGOs – Institutions receiving foreign funding above ₹10 lakh annually come under Lokpal’s jurisdiction.

Powers and Functions of Lokpal

  • Independent Investigation – Refers cases to CBI and ED and can supervise investigations.
  • Preliminary Inquiry – Must complete within 60 days before deciding further action.
  • Search and Seizure – Has powers similar to those under the Civil Procedure Code for investigation.
  • Asset Attachment – Can seize illegally acquired property of accused public servants.
  • Prosecution Approval – Can recommend prosecution of corrupt officials.

Exemptions from Lokpal’s Jurisdiction

  • High Court and Supreme Court judges require prior consultation with the Chief Justice of India (CJI) before criminal proceedings.
  • Sitting MPs cannot be investigated for parliamentary speeches or votes.

Challenges Faced by Lokpal

  1. Political Appointments – Selection of Lokpal members lacks transparency, raising concerns of political bias.
  2. Limited Powers Against PM – Cannot probe the Prime Minister’s decisions on national security and foreign relations.
  3. Lack of Independent Investigation – Heavily relies on CBI and ED, which are often politically influenced.
  4. Poor Implementation – Few corruption cases have been successfully prosecuted under Lokpal.
  5. Exemptions for Judges – The Supreme Court’s recent ruling has restricted Lokpal’s powers over High Court judges.

Way Forward

  • Strengthening Lokpal’s Autonomy – Granting independent investigative powers to reduce reliance on other agencies.
  • Greater Transparency in Appointments – Introducing public consultation in the selection of Lokpal members.
  • Expanding Jurisdiction – Ensuring all high-ranking officials, including judges, come under Lokpal’s purview.
  • Strict Implementation – Fast-tracking corruption trials under special anti-corruption courts.
  • Public Awareness Campaigns – Encouraging citizens to report corruption cases and strengthening whistleblower protection laws.

Conclusion

The Lokpal and Lokayuktas Act, 2013 was a major step toward fighting corruption in India, but its effectiveness depends on political will, independent functioning, and strict implementation. Strengthening Lokpal can ensure transparent governance and accountability among public officials.

UPSC CSE MCQs on Lokpal

1. Which of the following statements about Lokpal is correct?
A) Lokpal can investigate corruption cases against sitting Supreme Court judges.
B) Lokpal was first proposed in India in the 1980s.
C) The Lokpal and Lokayuktas Act was passed in 2013.
D) Lokpal has the power to remove the Prime Minister from office.

Answer: C) The Lokpal and Lokayuktas Act was passed in 2013.

2. Who among the following is NOT part of the Lokpal selection committee?
A) Prime Minister
B) Lok Sabha Speaker
C) Chief Election Commissioner
D) Chief Justice of India

Answer: C) Chief Election Commissioner

3. What is the tenure of the Lokpal Chairperson and Members?
A) 3 years
B) 5 years
C) 6 years or until the age of 70
D) 10 years

Answer: C) 6 years or until the age of 70

4. Which of the following agencies assists Lokpal in corruption investigations?
A) Enforcement Directorate (ED)
B) Central Bureau of Investigation (CBI)
C) Both A and B
D) Election Commission of India

Answer: C) Both A and B

5. Which of the following categories of public officials are under Lokpal’s jurisdiction?
A) Members of Parliament
B) Group A, B, C, and D government employees
C) Officials of NGOs receiving foreign funding above ₹10 lakh
D) All of the above

Answer: D) All of the above

UPSC Mains Question

Discuss the role and limitations of Lokpal in tackling corruption in India. Suggest reforms to enhance its effectiveness. (250 words)

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