Lokpal Foundation Day | 16 Jan 2025

Source: TH 

Why in News? 

On 16^th 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 Lokpal and Lokayuktas Act, 2013, which empowers the anti-corruption body to investigate allegations of corruption, came into effect on 16th January 2014. 

What is Lokpal? 

• About: Lokpal is an independent statutory body established under the Lokpal and Lokayuktas Act, 2013, to combat corruption in public offices and ensure accountability among public functionaries. 
  • They perform the function of an "ombudsman” and inquire into allegations of corruption against certain public functionaries and for related matters. 
  • The Act also provided for the establishment of Lokayukta for States. 
• Origin: The concept of the Lokpal/Lokayukta originates from the Ombudsman system in Scandinavian countries. 
  • In India, the Administrative Reforms Commission (1966-70) recommended the establishment of the Lokpal at the central level and Lokayuktas in the states. 
  • Prior to the enactment of the Lokpal and Lokayuktas Act, 2013, several states had already created the Lokayukta institution through state laws. 
    • Maharashtra was first in this respect with its Lokayukta body established in 1971. 
• Salary and Allowances: The Chairperson's salary and allowances are equivalent to those of the Chief Justice of India, while the Members receive benefits similar to those of a Judge of the Supreme Court of India. 
• Proceeding of Lokpal: 
  • On receiving a complaint, the Lokpal may initiate a preliminary inquiry through its Inquiry Wing or refer cases to agencies like the Central Bureau of Investigation (CBI) or Central Vigilance Commission (CVC). 
  • The CVC reports back to Lokpal for Groups A and B officials, while it takes independent action for Groups C and D under the CVC Act, 2003. 

What is the 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. 

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. 

Way Forward 

• 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.