India’s anti-corruption body, Lokpal, has reported that it has not prosecuted any individual accused of corruption since its establishment four years ago. The Lokpal was instituted in 2013 to investigate complaints against public functionaries. It received 8,703 complaints since 2019, with 5,981 disposed of. As many as 6,775 complaints were rejected for not being in the correct format. The body fully investigated only three complaints, with 36 complaints at a preliminary stage. A recent order from the Lokpal of India has stated that complaints not in the prescribed format would not be entertained at any level.

Background

The word Lokpal derives from the Sanskrit for “protector of the people”. The institution of the ombudsman was first established in Scandinavia in 1713. The Indian Lokpal and Lokayukta Act, 2013 provides for the establishment of a Lokpal for the Union and a Lokayukta for the states. It stipulates that not less than 50% of the members of the Lokpal should be from groups including SCs, STs, OBCs, minorities and women. The Lokpal and Lokayuktas (Amendment) Bill, 2016 amends the Act in relation to the declaration of assets and liabilities by public servants.

Challenges
  • Anti-corruption agencies in India often lack independence and report to the same people who may be involved in corruption.
  • Some agencies have been relegated to advisory roles with no real power.
  • There are concerns about the internal transparency and accountability of these agencies.
  • Political influence is a challenge, as the appointing committee of the Lokpal consists of members from political parties.
  • The lack of clear criteria for appointing members of the Lokpal undermines the integrity of the process.
  • The exclusion of the judiciary from the purview of the Lokpal is a major issue.
  • Whistleblowers lack adequate protection and immunity from retaliation.
  • The Lokpal is a statutory body without constitutional status.
Recommendations
  • The Lokpal should not reject genuine complaints due to technical grounds like non-prescribed format.
  • There should be effective mechanisms to check if the staff of anti-corruption agencies turn corrupt.
  • The powers of the Lokpal should be extended to the judiciary.
  • Proper immunity should be provided to whistleblowers.
  • There are calls for a constitutional amendment to make the Lokpal a constitutional body with the power of constitutional courts to hear complaints of corruption.
Why In News

The lack of prosecution by the Lokpal despite the existence of corruption cases raises questions about the effectiveness of the anti-corruption body and the political will to combat corruption in India.

MCQs on The Lokpal of India

  1. The Lokpal of India has not prosecuted anyone accused of graft till date. What was the reason given for this by the Lokpal?
    A. Lack of evidence
    B. Lack of jurisdiction
    C. Lack of political will
    D. Lack of resources
    Correct Answer: C. Lack of political will
    Explanation: The Lokpal of India recently submitted to a parliamentary panel that it has not prosecuted even a single person accused of graft till date, citing lack of political will as the reason.
  2. What is the Lokpal and what is its role in India?
    A. A statutory body responsible for investigating and prosecuting cases of corruption among public officials
    B. A constitutional court responsible for hearing cases of corruption against elected representatives
    C. A regulatory authority responsible for overseeing the functioning of the Indian bureaucracy
    D. An advisory committee responsible for recommending measures to curb corruption in India
    Correct Answer: A. A statutory body responsible for investigating and prosecuting cases of corruption among public officials
    Explanation: The Lokpal is a statutory body in India that is responsible for investigating and prosecuting cases of corruption among public officials, including elected representatives, bureaucrats, and judges.
  3. What is the major challenge facing the Lokpal in India?
    A. Lack of jurisdiction over the judiciary
    B. Lack of resources and staff
    C. Lack of immunity for whistleblowers
    D. Lack of independence and political will
    Correct Answer: D. Lack of independence and political will
    Explanation: The major challenge facing the Lokpal in India is the lack of independence and political will. Many anti-corruption agencies in India are not independent and have to report to the same people who may be involved in corruption. The issue of political influence is a challenge as the appointing committee of Lokpal consists of members from political parties.

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