Discuss the powers and functions of the Lokpal and the Lokayukta under the Lokpal and Lokayuktas Act, 2013. How do you think the office of Lokpal is better than other anti-corruption mechanisms?

Understanding the Lokpal and Lokayuktas

The Lokpal and Lokayuktas Act, 2013, envisions a two-tiered anti-corruption structure. The Lokpal investigates complaints against public servants, including those holding constitutional positions like the Prime Minister, President, and judges. Lokayuktas, established in each state, perform a similar function at the state level.

Powers and Functions of the Lokpal

The Lokpal is a multi-member body consisting of a Chairperson and eight members. Its powers and functions are detailed in the Act:

• Jurisdiction: Investigates complaints against public servants, including those working in PSUs, and former public servants for corruption committed during their tenure.
• Inquiry: Conducts inquiries into complaints based on affidavits and evidence. It can issue summons, examine witnesses, and seize documents.
• Search and Seizure: With the prior approval of the High Court, the Lokpal can conduct searches and seizures.
• Prosecution: The Lokpal can recommend prosecution to the relevant authorities (e.g., CBI) based on its findings.
• Advice: Can advise the government on preventive measures to curb corruption.
• Reporting: Submits annual reports to the President of India, which are then laid before both Houses of Parliament.
• Protection to Whistleblowers: Provides protection to individuals who file complaints.

Powers and Functions of the Lokayukta

Lokayuktas mirror the powers and functions of the Lokpal, but operate at the state level. They investigate complaints against state government employees and officials.

• Jurisdiction: Covers state government employees and officials.
• Inquiry: Similar inquiry process as the Lokpal.
• Reporting: Submits reports to the state government.

Comparison: Lokpal vs. Other Anti-Corruption Mechanisms

Several anti-corruption mechanisms existed prior to the Lokpal, including the Central Bureau of Investigation (CBI), the Vigilance Commission, and various state-level anti-corruption branches. The Lokpal is intended to be superior to these, due to its independence and broader scope. The table below highlights the key differences:

Mechanism	Independence	Scope of Investigation	Reporting
CBI	Relatively dependent on government for investigations and prosecution.	Broad, but often subject to government direction.	Reports to the Department of Personnel and Training (DoPT).
Vigilance Commission	Advisory role; lacks power to initiate prosecution.	Focuses on preventive measures and monitoring vigilance agencies.	Reports to the Prime Minister.
Lokpal	Designed to be independent; appointments are made by a collegium.	Extends to a wide range of public servants, including high-ranking officials.	Reports to the President of India and Parliament.

Advantages of the Lokpal System

The Lokpal offers several advantages:

• Independence: The selection process, involving a collegium of judges, Prime Minister, Speaker of Lok Sabha, and Leader of Opposition, aims to ensure independence.
• Broad Jurisdiction: Its scope extends to a wider range of public servants than the CBI or Vigilance Commission.
• Public Accountability: Reporting to Parliament enhances public scrutiny and accountability.
• Preventive Role: The ability to advise the government on preventive measures is a crucial aspect.

Challenges and Criticisms

Despite its potential, the Lokpal has faced challenges:

• Delayed Implementation: The Act faced significant delays in establishing the institution.
• Limited Powers: Some criticize the Lokpal's reliance on other agencies (like CBI) for prosecution.
• Appointment Delays: Appointments to the Lokpal have been delayed due to political disagreements.

Case Study: The appointment of the first Lokpal in 2019 was significantly delayed due to disagreements over the selection process and the composition of the selection committee. This highlighted the challenges in ensuring the Act's effective implementation despite its design for independence.

The Role of State Lokayuktas

State Lokayuktas also play a crucial role in combating corruption at the local level. However, their effectiveness often depends on the political will of the state governments. Some states have been reluctant to grant Lokayuktas sufficient autonomy and powers.

Central Vigilance Commission (CVC) Scheme: The CVC plays a vital role in advising, reviewing the working of anti-corruption agencies, and promoting integrity and ethical conduct in public service. It complements the Lokpal's function by focusing on preventive measures. (Established in 1968) Q: What is the difference between the Lokpal and the CBI? A: The Lokpal investigates complaints and recommends prosecution. The CBI investigates and prosecutes cases referred to it by the Lokpal or other agencies. The Lokpal is intended to be more independent. Q: Why has the Lokpal’s implementation been slow? A: Political consensus on appointments and rules, along with logistical challenges, have contributed to delays in establishing and functioning the Lokpal effectively. Public Servant: As defined under the Prevention of Corruption Act, 1984, a public servant includes any person in the service of the Union or a State, or any other authority. Corruption Costs India: According to a 2005 study by James Boyce and Mathew Grennan, corruption costs India an estimated 1 to 2.5% of its GDP annually. (Source: Transparency International) Ombudsman: An independent official who investigates complaints against public officials or bodies, and seeks to ensure that they carry out their public functions fairly and lawfully. Lokayuktas and Pending Cases: As of 2022, several state Lokayuktas are grappling with a backlog of over 10,000 pending cases, indicating resource constraints and procedural delays. (Source: Various State Government Reports)