Model Answer
0 min readIntroduction
The Lokpal and Lok Ayuktas Act, 2013, represents a significant step towards strengthening anti-corruption mechanisms in India. Born out of decades of public demand and the Jan Lokpal movement led by Anna Hazare in 2011, the Act aims to establish an independent ombudsman to investigate complaints against public servants, including those holding high constitutional positions. While the concept of Lokpal existed earlier, the 2013 Act provided for a nationwide framework, supplemented by state-level Lok Ayuktas. The Act's journey has been fraught with delays in implementation and criticisms regarding its effectiveness, making it a crucial topic for the UPSC examination.
Objectives of the Establishment of Lokpal and Lok Ayuktas
The primary objectives behind establishing these institutions are:
- Combating Corruption: To provide a mechanism for investigating allegations of corruption against public servants.
- Promoting Transparency and Accountability: To enhance the transparency and accountability of public officials, fostering public trust in governance.
- Reducing Impunity: To ensure that public servants are held accountable for their actions and that corruption is not tolerated.
- Strengthening the Rule of Law: To reinforce the rule of law by providing an independent and impartial body to address corruption-related grievances.
Powers and Functions under the Lokpal and Lok Ayuktas Act, 2013
The Lokpal and Lok Ayuktas Act, 2013, delineates specific powers and functions for both institutions. Here's a comparative overview:
| Feature | Lokpal (National) | Lok Ayukta (State) |
|---|---|---|
| Jurisdiction | Deals with complaints against public servants at the Union level, including the Prime Minister, Ministers, Parliamentarians, and other high-ranking officials. | Deals with complaints against public servants within the respective state. |
| Composition | Chairperson and 8 Members (5 from SC/ST/OBC/Minorities and 3 from Ex-Judges) | Chairperson and up to 5 members (as per state legislation) |
| Powers | Summoning, examining witnesses, demanding documents, issuing search warrants, and initiating prosecution. | Similar powers as the Lokpal, but within the state's jurisdiction. |
| Reporting | Reports are laid before both Houses of Parliament. | Reports are laid before the State Legislature. |
Specific Powers and Functions:
- Inquiry and Investigation: The Lokpal can inquire into any complaint relating to corruption against public servants. This includes the power to summon and examine witnesses, demand documents, and conduct raids.
- Search and Seizure: The Lokpal has the power to conduct searches and seize documents related to the investigation.
- Prosecution: The Lokpal can recommend prosecution of public servants found guilty of corruption to the relevant authorities.
- Advice: The Lokpal can advise the government on preventive measures to combat corruption.
- Confidentiality: The proceedings of the Lokpal are confidential.
- Protection of Witnesses: Provisions are made to protect witnesses from intimidation or coercion.
Effectiveness of the Lokpal and Lok Ayuktas Act, 2013: A Critical Examination
While the Act represented a significant legislative effort, its effectiveness has been questionable due to several factors:
- Delayed Implementation: The Act was passed in 2013, but the Lokpal was only constituted in 2019, highlighting implementation challenges.
- Limited Scope: Initially, the exclusion of some officials (like the CBI Director) raised concerns about its scope. While amendments have been made, the perception of limited reach persists.
- Lack of Resources: Inadequate staffing and resources have hampered the Lokpal's ability to effectively investigate complaints.
- Case Backlog: A significant backlog of pending cases has slowed down the process of investigation and resolution.
- State-Level Variations: The effectiveness of Lok Ayuktas varies significantly across states due to differences in their implementation and powers. Some states have not appointed Lok Ayuktas at all.
- Recent Developments: The Supreme Court, in 2023, directed the government to appoint a Chairperson and members to the Lokpal, highlighting the ongoing challenges in ensuring its functionality.
Case Study: Maharashtra Lokayukta’s Report on Irrigation Scam (2017): The Maharashtra Lokayukta's report highlighted irregularities and corruption in irrigation projects, costing billions of rupees. While the report exposed significant malpractices, the subsequent action taken by the government was perceived as inadequate, raising questions about the effectiveness of the institution.
Conclusion
The Lokpal and Lok Ayuktas Act, 2013, remains a vital instrument in the fight against corruption in India. However, its effectiveness has been hampered by delayed implementation, resource constraints, and variations in state-level implementation. To truly realize the Act’s potential, sustained political will, adequate resource allocation, and timely appointments are crucial. Furthermore, strengthening the independence and autonomy of these institutions and ensuring prompt action on their recommendations will be essential for fostering greater transparency and accountability in governance. The ongoing judicial scrutiny and public discourse surrounding the Lokpal highlight the need for continuous review and improvement of the Act to ensure its efficacy.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.