What is the news?

 

• • The President of India has appointed former Supreme Court judge Justice AM Khanwilkar has been appointed as the Chairperson of the Lok Pal.

 

The President of India has been pleased to appoint the following as the Chairperson and Members of Lokpal:

 

Chairperson:

1. Shri Justice Ajay Manikrao Khanwilkar

 

Judicial Members:

2. Shri Justice Lingappa Narayana Swamy

3. Shri Justice Sanjay Yadav

4. Shri Justice Ritu Raj Awasthi

 

Members other than Judicial Members:

5. Shri Sushil Chandra

6. Shri Pankaj Kumar

7. Shri Ajay Tirkey

 

Understanding the Lokpal:

 

• • Meaning: Lokpal is an independent anti-corruption body at the central level (Lokayuktas are the state-level counterpart). The word ‘Lokpal’ is derived from Sanskrit, meaning “people’s protector.”

• • Purpose: The Lokpal is mandated to investigate complaints of corruption against high-ranking public officials, including the Prime Minister, Ministers, MPs, and government employees of specific ranks.

• • Legal Basis: The institution was established under the Lokpal and Lokayuktas Act, 2013, which aimed to strengthen mechanisms for redressal of grievances and curb corruption in India. The Lokpal is an independent statutory body, not a constitutional body.

 

Appointment Process:

• Selection Committee: The Lokpal is appointed by a Selection Committee headed by the Prime Minister, with the following members:

• • Speaker of the Lok Sabha
  • Leader of Opposition in the Lok Sabha
  • Chief Justice of India (CJI) or a Supreme Court Judge nominated by the CJI
  • One eminent jurist (nominated by the President of India)

 

• Search Committee: A Search Committee, separate from the Selection Committee, may be formed to recommend a panel of names for consideration.

• Selection Criteria: The Lokpal should comprise a Chairperson and a maximum of eight members. Fifty percent of the members should be from SC/ST/OBC/ Minorities and women.

• Appointment by President: The Selection Committee recommends names to the President of India, who then formally appoints the Lokpal.

 

Important point:

 

• • Selection Committee: While the Selection Committee is headed by the Prime Minister, it’s crucial to mention that the leader of the opposition’s participation is conditional: they only participate if their party is recognized as the main opposition party in the Lok Sabha.

• • Appointment by President: The selection committee recommends a panel of names, not just one name, to the President for their consideration.

 

Tenure:

• • Chairperson and Members: The Lokpal Chairperson and members hold office for a term of five years or until they reach the age of 70, whichever comes sooner.

• • No Reappointment: There is no provision for the reappointment of a Lokpal Chairperson or member.

 

Removal Process:

• • The Lokpal Chairperson or any member can only be removed from office by the President of India under very specific grounds, which aim to safeguard their independence:

 

Grounds for Removal:

• • Proven misbehavior or incapacity
  • Convicted of an offense involving moral turpitude
  • Engaged in paid employment outside the duties of their office
  • Infirmity of mind or body
  • Adjudged insolvent

 

Procedure:

• • Complaint to the President: A complaint against the Chairperson or a member must be made to the President with the signatures of at least 100 Members of Parliament (MPs).
  • Reference to the Supreme Court: The President then refers the matter to the Supreme Court of India for an inquiry.
  • Supreme Court’s Inquiry: The Supreme Court conducts a thorough inquiry, following prescribed procedures.
  • Recommendation: Based on the findings, the Supreme Court reports its findings to the President, who can then decide on the removal.
  • Suspension: The President may choose to suspend the Chairperson or member during the inquiry process.

 

What falls under Lokpal’s jurisdiction and powers?

 

• • Lokpal’s jurisdiction includes the Prime Minister, Ministers, Members of Parliament, officers from Groups A, B, C, and D, as well as Central Government officials.

• • The Lokpal’s jurisdiction covered the Prime Minister, with the exception of claims of corruption in international affairs, security, public order, atomic energy, and space.

• • The Lokpal does not have jurisdiction over Ministers or MPs in relation to anything stated or voted on in Parliament.
    Its jurisdiction also covers any person who is or has been in charge (director/manager/secretary) of any society established by a central act or any other body financed/controlled by the central government, as well as any other person implicated in an act of abetting, bribery, or bribe taking.

• • It has the authority to oversee and direct the CBI.

• • If Lokpal refers a case to the CBI, the investigating officer in that case cannot be transferred without Lokpal’s agreement.

• • The Lokpal’s Inquiry Wing now possesses civil court-like authority.

• • In some cases, the Lokpal has the authority to confiscate assets, revenues, receipts, and benefits derived or obtained via corruption.

• • Lokpal has the authority to propose the transfer or suspension of a public servant based on allegations of corruption.

• • Lokpal has the authority to issue directives to prevent the destruction of records during the preliminary investigation.

• • The Bill excludes, any allegation of corruption against a Member of Parliament in respect of anything said or a vote given in Parliament, from the jurisdiction of Lokpal.

• • Lokpal shall also have jurisdiction over institutions receiving foreign donations in excess of ten lakh rupees per year or such higher limit as specified.

 

Historical Background:

• • The formation of the Lokpal is a story of persistence, evolving public opinion, and eventually, legislative action. Here’s a breakdown of its background for the UPSC exam:

 

Early Calls for an Ombudsman:

• • In India, Concept introduced in 1960s: The concept of an ombudsman, an independent body to investigate complaints against public officials, was first proposed in the Indian Parliament in the early 1960s by Law Minister Ashoke Kumar Sen.

• • Administrative Reforms Commission (ARC): In 1966, the First Administrative Reforms Commission, headed by Morarji Desai, recommended the establishment of two independent authorities – Lokpal at the central level and Lokayuktas at the state level – to address grievances against public officials.

 

Legislative Attempts and Roadblocks:

• • First Lokpal Bill: The Lokpal Bill was first introduced in the Lok Sabha in 1968. The bill was passed in 1969, but lapsed when the Lok Sabha was dissolved while the bill was pending in the Rajya Sabha.

• • Subsequent attempts: Several Lokpal bills were introduced in Parliament throughout the following decades, but they never managed to get enacted due to various reasons, including disagreements on the scope and powers of the Lokpal.

Public Discontent and Renewed Focus:

• • Citizen’s movements and public pressure: The issue of corruption gained significant public attention in the early 2000s, leading to various citizen’s movements and renewed pressure for establishing the Lokpal.

• • Anna Hazare’s movement: Social activist Anna Hazare’s hunger strike in 2011, demanding a strong Lokpal, garnered widespread national support and significantly amplified the public outcry for action.

 

Legislative Breakthrough:

• • Lokpal and Lokayuktas Act, 2013: Following intense public pressure and political debate, the Lokpal and Lokayuktas Act was finally passed by the Parliament and received the President’s assent in 2014 and has been amended once in 2016 since its notification. This act established the Lokpal at the central level and provided a framework for Lokayuktas in states.

QuizTime:

 

Mains Questions:

Model Answer:

 

Potential of the Lokpal and Lokayuktas Act, 2013:

• • Independent Investigation: The act empowers the Lokpal to investigate allegations of corruption against high-ranking officials, fostering a sense of accountability.
  • Public Grievance Redressal: It provides a mechanism for citizens to register complaints and seek redressal for alleged corruption, potentially empowering them to fight against corrupt practices.
  • Deterrence Effect: The possibility of investigation and potential consequences could deter public officials from engaging in corrupt activities.

 

Challenges Faced by the Lokpal:

• • Limited Jurisdiction: The Lokpal’s jurisdiction does not cover certain categories of officials and offenses, restricting its scope.
  • Delay in Investigations and Prosecutions: Concerns exist surrounding the lengthy investigation and prosecution processes, potentially impacting the Lokpal’s ability to deliver timely justice.
  • Lack of Full Autonomy: Concerns remain regarding potential political influence on the Lokpal’s functioning, hindering its complete independence.

 

Measures to Enhance Effectiveness:

• • Fast-Track Courts: Establishing dedicated fast-track courts for Lokpal-related cases could expedite the investigation and prosecution process.
  • Wider Jurisdiction: Expanding the Lokpal’s jurisdiction to include more categories of officials and offenses could strengthen its reach.
  • Protecting Whistleblowers: Ensuring robust protection for whistleblowers who report corruption is crucial to encourage them to come forward without fear of retribution.

Overall, the Lokpal and Lokayuktas Act has the potential to be a significant tool in combating corruption. However, addressing the existing challenges and implementing necessary reforms are crucial to enhance its effectiveness and ensure a more efficient, independent, and accountable system.

Model Answer:

 

Impact of the Lokpal:

• • Increased Awareness: The establishment of the Lokpal has undoubtedly raised public awareness about the issue of corruption and potential avenues for redressal.
  • Limited Success in High-Profile Cases: While some investigations are ongoing, there haven’t been many high-profile convictions achieved through the Lokpal yet, raising questions about its effectiveness in tackling major corruption cases.
  • Debates on Effectiveness: The Lokpal’s limited track record and ongoing concerns about its autonomy and operational efficiency fuel ongoing debates about its actual impact on curbing corruption.

 

Public Expectations:

• • Swift and Effective Action: The public generally expected the Lokpal to deliver swift and effective action against corruption, leading to a sense of disappointment due to the slow pace of investigations and prosecutions.
  • Improved Transparency and Accountability: The public anticipated the Lokpal to enhance transparency and accountability within the government, which remains a work in progress.

 

Living Up to Expectations:

• • Mixed Record: It’s challenging to definitively say whether the Lokpal has fully met public expectations. While it has raised awareness and initiated investigations, concerns regarding its effectiveness and impact remain.
  • Continuous Improvement Needed: The institution requires ongoing evaluation, reform, and efforts to address its limitations to fulfill public expectations and truly enhance India’s fight against corruption.

 

Conclusion:

• • The Lokpal represents a crucial step towards a more accountable and transparent governance system. However, its effectiveness remains a subject of ongoing debate and continuous improvement is necessary to meet the public’s aspirations and make a significant impact on eradicating corruption in India.

 

Remember: These are just sample answers. It’s important to further research and refine your responses based on your own understanding and perspective.