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Picture Courtesy:  THE HINDU

Context

The Delhi High Court quashed the proceedings initiated by the Lokpal against the Defence Secretary, ruling that the Lokpal acted beyond its jurisdiction.

What is Lokpal?

It is a statutory body established under the Lokpal and Lokayuktas Act, 2013, following the Civil Society movement  "India Against Corruption" in 2011. 

It functions as an independent ombudsman to investigate allegations of corruption against public functionaries at the Central Government level. 

The current Chairperson of the Lokpal is Justice Ajay Manikrao Khanwilkar.

Provisions of The Lokpal and Lokayuktas Act, 2013

Composition and Tenure

• Structure: The Lokpal is a multi-member body, consisting of one Chairperson and a maximum of eight Members.
• Chairperson: Must be a former Chief Justice of India, a former Supreme Court Judge, or an eminent person with at least 25 years of expertise in anti-corruption policy, public administration, etc.
• Members:
• 50% of the members must be Judicial Members (former Supreme Court Judges or former Chief Justices of High Courts).
• The remaining 50% must be from among Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), Minorities, and Women.
• Tenure: The Chairperson and Members hold office for a term of 5 years or until they attain the age of 70 years, whichever is earlier.
• A member is ineligible for reappointment to the same post, but can be appointed as Chairperson if their total service does not exceed the five-year limit.

Appointment Process

The President of India appoints the Chairperson and Members based on the recommendations of a high-powered Selection Committee, which includes:

• The Prime Minister (as Chairperson).
• The Speaker of the Lok Sabha.
• The Leader of the Opposition in the Lok Sabha.
• The Chief Justice of India or a Supreme Court judge nominated by the CJI.
• One eminent jurist, nominated by the President.

This committee is assisted by a Search Committee that prepares a panel of candidates for consideration.

Jurisdiction of the Lokpal 

Challenges Limiting Lokpal Effectiveness

Delayed appointment

Though the Lokpal Act was passed in 2013, the country’s first Lokpal, Justice Pinaki Chandra Ghosh, was appointed in March 2019, along with eight other members. 

Limited Independent Investigative Power

The Lokpal has an Inquiry Wing for preliminary investigations, but it relies on other agencies like the Central Bureau of Investigation (CBI) for full-scale investigations. . 

This dependency is a major weakness, as the CBI's autonomy has been questioned, with the Supreme Court once calling it a "caged parrot."

Jurisdictional Limitations:

• The judiciary is completely outside the Lokpal's purview.
• A seven-year time limit on complaints bars the investigation of older corruption cases.
• It cannot initiate an inquiry suo motu (on its own); a formal complaint is mandatory.

High Dismissal Rate

A vast majority of the complaints are dismissed at the preliminary stage, because they are not filed in the prescribed format or do not fall under the Lokpal's jurisdiction. 

For example, The Lokpal "disposed off" approximately 68% of corruption complaints against public functionaries without action over the past four years. (Source: Parliamentary panel in April 2023). 

Lack of Prosecutions

 A Parliamentary Standing Committee report in 2024 expressed concern that the Lokpal had not completed a single inquiry or prosecution under the Prevention of Corruption Act since its establishment. 

Dilution of Transparency Provisions

An amendment in 2016 weakened the original Act by removing the mandatory requirement for public servants to publicly declare the assets of their spouses and dependent children.

Political Influence

The composition of the Selection Committee is dominated by the ruling government, raising concerns about the potential for political influence in appointments.

Way Forward to Strengthen LokPal

 Grant Constitutional Status: The Second ARC recommended giving the Lokpal a constitutional backing, similar to the Election Commission or the CAG, to ensure its independence and authority.

Establish an Independent Investigative Wing: The Lokpal must be equipped with its own dedicated team of investigators, free from government control, to ensure credible and impartial probes.

Widen and Clarify Jurisdiction: A critical re-evaluation of exclusions from the Lokpal's jurisdiction is needed to enhance accountability without exceptions.

Ensure Financial Autonomy: The Lokpal must be financially independent of the ministries and departments it is tasked with investigating to ensure functional autonomy.

Simplify Complaint Procedures: The process of filing complaints should be made more accessible and user-friendly to prevent dismissals on minor technicalities, encouraging citizens to report corruption.

Conclusion

The Lokpal needs genuine autonomy, an independent investigative arm, and political support to effectively fight high-level corruption and overcome its current weaknesses.

Source: THE HINDU