Lokpal and Lokayuktas Act – Anti Corruption Measures in India

The Supreme Court has stayed a Lokpal order bringing High Court judges under its jurisdiction while terming the top anti-corruption ombudsman’s interpretation “very disturbing”.The January 27, 2025, order of Lokpal declared that High Court judges are ‘public servants’ under the Lokpal Act, 2013, and can be investigated. As a consequence, The Supreme Court took suo motu cognizance and halted this decision, stating it was “very disturbing” and could affect the independence of the judiciary. Here, we have complete details about the Lokpal and Lokayuktas Act.

About Lokpal and Lokayuktas Act, 2013

• The Lokpal and Lokayuktas Act, 2013, establishes a multi-member anti-corruption body with the authority to investigate allegations of corruption against high-ranking public officials.
• The Lokpal is responsible for handling cases at the central level, while the Lokayuktas deal with corruption cases at the state level.

Key features of the Act

• Establishment of Lokpal: A central institution headed by a chairperson and up to eight members, including judicial and non-judicial members.
• Jurisdiction: Covers the Prime Minister (with certain exceptions), Ministers, MPs, and Group A and B officers of the central government.
• Lokayuktas in States: Every state has to establish a Lokayukta to investigate corruption allegations against state officials.
• Inquiry and Prosecution Powers: Lokpal has the power to order inquiries, recommend prosecution, and direct disciplinary action.
• Whistleblower Protection: The Act provides safeguards for whistleblowers reporting corruption cases

Significance of the Lokpal and Lokayuktas Act

• Strengthening Anti-Corruption Measures
  • The Act provides an independent watchdog mechanism to investigate corruption cases at both central and state levels, ensuring greater transparency in public office.
• Public Accountability
  • By bringing top government officials, including the Prime Minister and MPs, under scrutiny, the Act reinforces public trust in governance.
• Empowering Lokpal with Investigative Powers
  • The Lokpal has the authority to conduct independent inquiries and recommend prosecution without needing prior government approval.
• Ensuring State-Level Vigilance
  • The requirement to set up Lokayuktas in every state strengthens state-level anti-corruption mechanisms.

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Existing governance framework to check corruption in India

• Prevention of Corruption Act, 1988: It is the main law for addressing corruption in India. It provides for the punishment of public servants who engage in corrupt practices.
• Central Bureau of Investigation (CBI): The main agency responsible for investigating corruption cases involving public servants.
• Central Vigilance Commission (CVC) as well as State Vigilance Commission: Handle citizens’ grievances related to corruption.
• National Human Rights Commission (NHRC): Citizens can file complaints if they feel that there is a violation of their rights.
• The All-India Services (Conduct) Rules, 1968 prohibit government employees from engaging in any activities that may compromise their integrity or impartiality, such as accepting gifts or bribes, engaging in partisan political activities, or disclosing confidential information.

Challenges and Criticisms (Lokpal and Lokayuktas Act)

1. Delay in Lokayukta Implementation: Many states have not yet appointed Lokayuktas, weakening the state-level anti-corruption framework.
2. Limited Investigative Autonomy: The CBI which assists in investigations, still functions under government control, affecting its independence.
3. Lack of Public Awareness: Many citizens are unaware of Lokpal’s role and how to file complaints, reducing its effectiveness.
4. Political Interference: Critics argue that the ruling government influenced the appointment to Lokpal, as a result impacting its impartiality.
5. Anonymous complaints not allowed: The act does not permit anonymous complaints, which may deter potential whistleblowers from coming forward.

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Way Forward

To effectively combat corruption, it is necessary to enhance the independence and resources of the ombudsman institution.

• Functional autonomy: In order to tackle the problem of corruption, strengthen the institution of the ombudsman both in terms of functional autonomy and the availability of manpower.
• Financial and administrative independence: Lokpal and Lokayukta must be financially, administratively, and legally independent of those whom they are called upon to investigate and prosecute.
• Transparency and leadership: Greater transparency, citizen empowerment, and access to information, as well as strong leadership, are also crucial.
• Other decentralized institutions: Strengthen various decentralized institutions with proper accountability mechanisms, to prevent the concentration of power in one institution.

Conclusion

Lokpal and Lokayukta play crucial roles in the Indian governance system to combat corruption and promote transparency as well as accountability. These institutions are essential for upholding ethical standards in public service and ensuring that allegations of corruption are thoroughly investigated and addressed. However, ongoing efforts are needed to strengthen their functioning and address any challenges they may face.

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