Model Answer
0 min readIntroduction
The concept of an independent anti-corruption ombudsman, embodied by the Lokpal at the central level and Lokayuktas at the state level, is not merely a recent legislative innovation but draws heavily upon India's long-standing governance culture valuing accountability. Historical precedents, from Mauryan administrative oversight to medieval judicial checks, reflect an enduring societal expectation for mechanisms that curb administrative excesses and corruption. The protracted journey towards enacting the Lokpal and Lokayuktas Act, 2013, culminating after decades of debate and activism, underscores its significance. This Act aims to establish a robust institutional framework to investigate corruption charges against a wide spectrum of public functionaries, thereby bolstering transparency and accountability in public governance, reflecting both domestic needs and international standards in combating corruption.
Roots in Indian Governance Culture
The idea of institutional oversight and accountability in governance has deep roots in India's history:
- Ancient India: Texts like Kautilya's Arthashastra (c. 300 BCE) detail elaborate systems for monitoring officials and preventing corruption. The concept of 'Mahamatta' or chief superintendent suggests a focus on administrative probity. Principles of justice and ethical conduct were emphasized in royal duties.
- Medieval Period: Sultanate and Mughal administrations had mechanisms like the 'Qazi-ul-Quzzat' (Chief Judge) and the 'Diwan-i-Mazalim' (Court of Grievances) to address complaints against officials and ensure justice, reflecting a formal system for grievance redressal and accountability.
- Constitutional Assembly Debates: While the Constitution did not initially include an ombudsman, discussions hinted at the need for vigilance against corruption, laying the groundwork for future institutionalization.
- Administrative Reforms Commission (ARC) 1966-69: The ARC, chaired by Morarji Desai (later PM), strongly recommended the establishment of the institution of Lokpal at the Centre and Lokayuktas in states, drawing inspiration from the Scandinavian ombudsman model, to tackle corruption effectively.
- Post-ARC Efforts: Numerous bills were introduced in Parliament from the late 1960s onwards, highlighting the persistent political and civil society demand for such an institution, demonstrating its embeddedness in the discourse of good governance.
Lokpal and Lokayuktas Act, 2013: Ensuring Transparency and Accountability
The Lokpal and Lokayuktas Act, 2013, provides a statutory framework to address corruption at higher levels. It enhances transparency and accountability through the following mechanisms:
1. Establishment and Structure:
- Apex Body: Establishes the Lokpal, a statutory body independent of the executive, investigating allegations of corruption against public servants.
- Composition: Consists of a Chairperson (a former CJI, former SC judge, or eminent person with integrity) and up to eight members (half of whom shall be judicial members and the other half shall be from the fields of statistics, public administration, vigilance, law, finance, etc.).
- State Level: Mandates states to establish Lokayuktas, although their structure and powers vary as it is a state subject.
2. Jurisdiction and Scope:
- Wide Coverage: The Act covers corruption complaints against individuals holding high offices, including the Prime Minister (with specific safeguards), Ministers, Chief Ministers, other state ministers, Members of Parliament, Group 'A' officers of the Central Government, and functionaries of societies, trusts, or autonomous bodies receiving foreign contributions or government aid above specified limits.
- International Dimension (Section 46): The Act allows the Lokpal to order attachment of property, including property located outside India, involved in corruption offences, facilitating international cooperation in asset recovery and aligning with global anti-corruption efforts like the UN Convention Against Corruption (UNCAC).
3. Mechanisms for Transparency:
- Public Declaration of Assets: Mandates public servants covered under the Act to declare their assets and liabilities, along with those of their family members, annually. This information is to be made available to the public, promoting asset transparency.
- Public Domain Information: While investigations are confidential, the Act aims for eventual public disclosure of findings (subject to legal constraints), making the process less opaque than previous mechanisms.
- Independent Investigation: Empowers the Lokpal with its own investigation wing, separate from existing agencies, reducing potential bias and enhancing the credibility of inquiries.
4. Mechanisms for Accountability:
- Inquiry and Investigation Powers: Grants Lokpal powers similar to a civil court, including summoning witnesses, compelling discovery/production of documents, issuing commissions, and requisitioning records.
- Powers of Prosecution and Adjudication: Can initiate prosecution, order confiscation of property, and recommend initiation of departmental proceedings or other necessary actions against guilty public servants.
- Preventive Measures: The mere existence and functioning of the Lokpal acts as a deterrent against corruption, promoting a culture of accountability.
- Scrutiny of High-Level Corruption: Addresses the '
Conclusion
The Lokpal and Lokayuktas represent a conscious effort to institutionalize oversight mechanisms deeply rooted in India's governance ethos, evolving from historical precedents to meet contemporary challenges. The Lokpal and Lokayuktas Act, 2013, is a significant legislative milestone, equipping the ombudsman institution with broad powers to investigate high-profile corruption cases. By mandating asset declarations, providing independent investigative capabilities, and covering a wide range of public functionaries, including provisions for international asset recovery, the Act significantly enhances transparency and accountability. While challenges in implementation persist, the institution remains crucial for strengthening democratic governance, upholding public trust, and furthering India's commitment to combating corruption domestically and aligning with global standards.
Answer Length
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