Context: On 16th January 2025, social activist Anna Hazare, Justice (retd) N. Santosh Hegde, and Attorney-General R. Venkataramani will be felicitated on the occasion of Lokpal Foundation Day.  

• The event marked the establishment of the Lokpal on this day in 2014, following the enactment of the Lokpal and Lokayuktas Act, 2013.

• Note: The first Lokpal Day will be celebrated on 16th January 2025 in Delhi Cantt, with the Chief Justice of India (CJI) as the Chief Guest. 

Key Provisions Related to Lokpal 

• Composition and Members:Appointed by the President of India. 

• Chairperson (Chief Justice of India or a Supreme Court judge, or an eminent person), 

• Up to 8 members (50% judicial; 50% from SC/ST/OBC/minorities/women).

• Selection Committee: Includes PM (Chairman), Lok Sabha Speaker, Opposition Leader, CJI/ Judge of the Supreme Court, and an eminent jurist.

• Tenure: 5 years or until 70 years of age.

• Jurisdiction: Lokpal covers the Prime Minister (with safeguards), Ministers, MPs, Group A/B/C/D officers, and officials of central government-funded entities.

• Investigates corruption complaints, including those referred by CVC or whistleblowers.

• Prosecution Wing: Lokpal can set up its prosecution wing.

• Timeline for cases: Preliminary inquiry: 90 days; Investigation: 6 months (extendable).

• Key Challenges/Issues with Lokpal: Seven-Year Limit (complaints older than seven years are not entertained), delayed appointments, rejected nearly 90% of complaints over the past 5 years as they were not in the correct format, etc. 

Lokayukta 

• About: It is a state-level anti-corruption authority in India, established to investigate grievances and allegations against public servants. 

• Appointment:The Governor appoints the Lokayukta and Upalokayukta after consulting Chief Justice of the State High Court and the Leader of the Opposition in the State Legislative Assembly. 

• Tenure: In most states, the Lokayukta serves a 5-year term or until reaching 65 years of age, whichever is earlier.  

• Reappointment is not allowed. 

• Removal; Once appointed, a Lokayukta cannot be dismissed or transferred by the government and can only be removed through an impeachment motion passed by the state assembly. 

Significance of the Institution of Lokpal

• Combating Corruption: The Lokpal and Lokayukts aim to address systemic corruption by providing a dedicated platform for investigating complaints against public officials, thus deterring corrupt practices and promoting ethical governance. 

• Enhancing Accountability: These institutions enhance accountability by holding public officials responsible for their actions, which helps restore public trust in government. 

• Empowering Citizens: The Act empowers citizens to file complaints against corruption, offering protection from retaliation by powerful officials. 

• Promoting Good Governance: Independent oversight by Lokpal and Lokayukts ensures the effective use of public resources and encourages officials to act in the public's best interest. 

Similar Global Practices in Other Countries 

• Ombudsman (Scandinavian countries): Independent authorities investigate complaints against government officials, ensuring fair treatment and accountability. 

• Anti-Corruption Commissions (Hong Kong, Singapore): Agencies like ICAC (Hong Kong) and CPIB (Singapore) investigate and prosecute corruption in public and private sectors. 

• Public Protector (South Africa): Investigates maladministration and corruption by public officials, holding them accountable. 

• Federal Anticorruption Bureau (Brazil): Oversees corruption investigations with a focus on prosecuting high-level officials. 

What are the Limitations Related to Lokpal? 

• Limitation Period for Filing Complaints: Under the Lokpal and Lokayuktas Act, 2013, complaints against public servants must be filed within 7 years from the date of the alleged corruption or when the complainant becomes aware of it. 

• This time-bound restriction may lead to the exclusion of older cases of corruption, especially those discovered much later. 

• Severe Punishment for False Complaints: The heavy penalties for filing false complaints may discourage individuals from lodging complaints, even when justified. 

• Independence Issues: The Lokpal and Lokayukts face challenges regarding their independence, with concerns over political influence affecting their ability to function impartially. 

• Ineffectiveness in Tackling Corruption: The Lokpal has struggled to effectively address corruption, as evidenced by its receipt of 8,703 complaints between 2019-20 and 2023, with 5,981 disposed of.  

• However, it has not initiated prosecution against any individual for corruption, as noted in an April 2023 parliamentary committee report. 

• Exemptions Clause: While the Prime Minister falls under Lokpal’s jurisdiction, issues related to international relations, security, public order, atomic energy, and space are excluded, curbing its authority over sensitive matters. 

• No Oversight Mechanism: There is no comprehensive mechanism to evaluate Lokpal's own functioning, raising concerns about its accountability. 

Key Suggestion

• Review Limitation Period: Extend or provide flexibility in the 7-year period for filing complaints to accommodate delayed cases and ensure justice. 

• Balanced Penalties: Implement proportional penalties for false complaints to deter misuse while encouraging legitimate grievances. 

• Ensure Independence: Strengthen safeguards against political influence, improve selection processes, and provide institutional support to uphold autonomy. 

• The government should implement the recommendations made by Second ARC, which focuses on enhancing the Lokpal's accountability, streamlining processes, and improving its overall operational efficiency. 

• Clear Relationship with Other Agencies: A clear delineation of Lokpal's supervisory powers over the CBI, along with well-defined coordination mechanisms with agencies such as the ED and CVC, is essential to avoid jurisdictional conflicts and enhance inter-agency cooperation. 

• Adopt Global Best Practices: India should integrate international best practices, particularly from countries with strong whistleblower protection laws, in line with the United Nations Convention against Corruption (UNCAC).  

• This will encourage citizens to report corruption without fear of retribution, thus increasing the effectiveness of anti-corruption measures. 

Conclusion

• The Lokpal is an important institution in India’s fight against corruption, providing a much-needed mechanism for holding public officials accountable.