Lokpal and Lokayukta

Introduction

Corruption has long been a significant issue in governance, affecting the efficiency and fairness of public administration. To curb corruption and ensure accountability, the Government of India introduced the Lokpal and Lokayukta Act, 2013. This law provides for the establishment of the Lokpal at the central level and Lokayuktas at the state level to address complaints against public officials.

What is Lokpal?

Lokpal is an anti-corruption ombudsman at the national level, tasked with investigating allegations of corruption against public officials, including the Prime Minister, Ministers, and Members of Parliament, among others. The Lokpal operates independently of the government and has powers akin to those of a civil court.

Structure of Lokpal

The Lokpal consists of:

• Chairperson:
  • A retired Chief Justice of India, a Judge of the Supreme Court, or an eminent person with impeccable integrity.
• Members:
  • Up to eight members, of whom 50% must be judicial members. Additionally, at least 50% must belong to SC/ST/OBCs, minorities, or women.
• Inquiry and Prosecution Wings:
  • These wings assist in investigating and prosecuting corruption cases.
• Director of Inquiry and Director of Prosecution:
  • These positions are responsible for overseeing the investigation and legal proceedings against corrupt officials.
• Special Investigation Team (SIT):
  • In some cases, a dedicated SIT may be constituted to handle specific corruption cases.

Jurisdiction of Lokpal

Lokpal has jurisdiction over:

• The Prime Minister (with some exceptions related to national security, foreign relations, etc.).
• Union Ministers and Members of Parliament.
• Group A, B, C, and D officers and employees of the central government.
• Any entity receiving substantial government funds.
• Officials of Public Sector Undertakings (PSUs) and Non-Governmental Organizations (NGOs) receiving significant public funds.

Powers and Functions

• Inquiry and Investigation:
  • Lokpal can order preliminary inquiries and full-fledged investigations through its inquiry and prosecution wings.
• Prosecution:
  • It can direct agencies like the CBI to file charge sheets.
• Confiscation of Assets:
  • Can recommend action to seize properties gained through corrupt practices.
• Supervision of CBI:
  • It has supervisory powers over the Central Bureau of Investigation (CBI) in cases related to corruption.
• Trial in Special Courts:
  • Lokpal can recommend the formation of special courts to expedite cases.
• Protection for Whistleblowers:
  • Ensures the safety and anonymity of whistleblowers who provide critical information.

What is Lokayukta?

Lokayukta is a state-level ombudsman to deal with corruption complaints against state government officials, including the Chief Minister, Ministers, and public servants.

Structure of Lokayukta

Each state determines the structure of its Lokayukta, but generally, it consists of:

• Lokayukta (Head of the Institution):
  • Often a retired High Court or Supreme Court judge.
• Upa-Lokayuktas:
  • Assist the Lokayukta in investigations.
• Administrative and Investigation Wing:
  • Supports the inquiry process.
• State-Level Special Investigation Team (SIT):
  • Some states have a dedicated team for handling sensitive corruption cases.

Jurisdiction of Lokayukta

• Chief Minister (varies by state)
• State Ministers and Members of Legislative Assembly (MLAs)
• Government employees of the state
• Local government bodies and other authorities receiving government funds
• State PSUs and NGOs receiving state funding

Powers and Functions

• Inquiry into Allegations:
  • Lokayukta can investigate corruption complaints against state officials.
• Recommend Action:
  • It can suggest punitive measures, but unlike Lokpal, it cannot prosecute directly.
• Oversight of State Anti-Corruption Agencies:
  • It can direct state agencies to conduct inquiries.
• Enforcement of Disciplinary Actions:
  • Can recommend disciplinary proceedings against officials.
• Review of Government Contracts and Projects:
  • Some Lokayuktas have the authority to review large contracts to prevent corruption.

The Lokpal and Lokayuktas (Amendment) Act, 2016 introduced key changes to the Lokpal and Lokayuktas Act, 2013, which was enacted to establish an independent anti-corruption ombudsman at the central and state levels.

Significance of the Amendment:

• Reduced the compliance burden on public servants and NGOs.
• Allowed flexibility in Lokpal selection despite the absence of a recognized LoP.
• Brought asset declaration requirements in line with existing service rules for public officials.

Differences Between Lokpal and Lokayukta

Feature	Lokpal	Lokayukta
Level	National	State
Scope	Covers central government officials	Covers state government officials
Authority	Can prosecute and supervise CBI	Can only recommend actions, no prosecution powers
Structure	Uniform across India	Varies from state to state
Special Courts	Can recommend setting up special courts	Limited authority over judicial proceedings
Whistleblower Protection	Provides legal protection	Limited to state policies

Challenges and Criticism

Despite its noble intentions, the Lokpal and Lokayukta system faces several challenges:

• Delay in Appointment:
  • The selection process is often slow, leading to delays in forming the body.
• Political Interference:
  • Political influence can hinder independent investigations.
• Limited Resources:
  • Lokpal and Lokayuktas often lack the necessary resources and manpower to investigate all cases effectively.
• No Direct Prosecution Powers for Lokayukta:
  • Unlike Lokpal, Lokayukta cannot directly prosecute corrupt officials, reducing its effectiveness.
• Non-Uniform Lokayukta Laws:
  • The Lokayukta structure varies significantly from state to state, creating inconsistencies in anti-corruption enforcement.
• Lack of Awareness:
  • Many citizens are unaware of how to file complaints with Lokpal and Lokayukta, reducing their impact.

Conclusion

The Lokpal and Lokayukta Act, 2013, is a landmark legislation in India’s fight against corruption. While Lokpal ensures accountability at the national level, Lokayuktas work at the state level to maintain integrity in governance. However, for these institutions to function effectively, there must be proper implementation, adequate resources, and genuine political will. Strengthening these bodies can help create a more transparent and corruption-free administrative system in India.

The success of Lokpal and Lokayukta ultimately depends on their independence, efficiency, and ability to function without political or bureaucratic interference. Increasing awareness among citizens and ensuring adequate enforcement mechanisms are essential steps in achieving a corruption-free governance structure.