LOKPAL - POLITY
News: Lokpal
disposed of 68% corruption complaints against public servants without any action:
Parliamentary panel report
What's in the news?
● Around 68% corruption
complaints against public functionaries that landed with the Lokpal of India
were “disposed off” without any action in the past four years.
● Only
three complaints were fully investigated, according to information provided by
the Lokpal’s office to a parliamentary panel.
Key takeaways:
● The
country’s first anti-corruption body instituted four years ago to investigate
complaints against public functionaries, including the PM, submitted that ‘it
has not prosecuted even a single person accused of graft till date’.
Features of Lokpal Act 2013:
● It
seeks to establish the institution of the Lokpal
at the Centre and the Lokayukta at the level of the State and thus seeks to
provide a uniform vigilance and anti-corruption road map for the nation both at
the Centre and at the States.
● The
jurisdiction of Lokpal includes the Prime
Minister, Ministers, Members of Parliament and Groups A, B, C and D officers
and officials of the Central Government.
● The
Lokpal consists of a Chairperson with a
maximum of 8 members of which 50% shall be judicial members.
● 50%
of the members of the Lokpal shall come from amongst the SCs, the STs, the
OBCs, minorities and women.
● The
selection of the Chairperson and the members of Lokpal shall be through a Selection Committee consisting of the
Prime Minister, the Speaker of the Lok Sabha, the Leader of the Opposition in
the Lok Sabha, the Chief Justice of India or a sitting Supreme Court Judge
nominated by the Chief Justice of India and an eminent jurist to be nominated
by the President of India on the basis of recommendations of the first four
members of the selection committee.
● A
Search Committee will assist the
Selection Committee in the process of selection. 50% of the members of the
Search Committee shall also be from amongst the SCs, the STs, the OBCs,
minorities and women.
● The
Prime Minister has been brought under the purview of the Lokpal with subject
matter exclusions and specific process for handling complaints against the
Prime Minister.
● Lokpal's
jurisdiction will cover all categories of public servants, including Group A,
Group B, Group C, and Group D officers and employees of Government.
● On
complaints referred to the CVC by
the Lokpal, the CVC will send its report of preliminary enquiry in respect of
Group A and Group B Officers back to the Lokpal for further decision.
● With
respect to categories of employees from Group C and Group D, the CVC will
proceed further in exercise of its own
powers under the CVC Act subject to reporting and review by the Lokpal.
● The
Lokpal will have the power of superintendence and direction over any
investigating agency, including the CBI,
for cases referred to them by the Lokpal.
● A
High-Powered Committee chaired by
the Prime Minister will recommend the selection of the Director of CBI.
● It
incorporates provisions for attachment
and confiscation of property of public servants acquired by corrupt means,
even while the prosecution is pending.
● It lays down clear
timelines. For preliminary enquiry, it is three
months extendable by three months. For investigation, it is six months which
may be extended by six months at a time. For trial, it is one year extendable
by one year and to achieve this, special courts to be set up.
● It
enhances maximum punishment under the Prevention
of Corruption Act from seven years to ten years. The minimum punishment
under sections 7,8,9 and 12 of the Prevention of Corruption Act will now be
three years, and the minimum punishment under section 15 (punishment for
attempt will now be two years).
● Institutions which are
financed fully or partly by Government are under the jurisdiction of Lokpal,
but institutions aided by Government are excluded.
● It
provides adequate protection for honest and upright public servants.
● Lokpal
conferred power to grant sanction for prosecution of public servants in place
of the Government or competent authority.
● It contains a number of provisions aimed at strengthening the CBI such as
a. Setting
up of a Directorate of Prosecution headed by a Director of Prosecution under
the overall control of the Director of CBI.
b. Appointment
of the Director of Prosecution on the recommendation of the CVC.
c. Maintenance
of a panel of advocates by CBI other than Government advocates with the consent
of the Lokpal for handling Lokpal-referred cases.
d. Transfer
of officers of CBI investigating cases referred by Lokpal with the approval of
Lokpal.
e. Provision
of adequate funds to CBI for investigating cases referred by Lokpal.
● All
entities receiving donations from foreign sources in the context of the Foreign Contribution Regulation Act (FCRA)
in excess of 10 lakhs per year are brought under the jurisdiction of
Lokpal.
● It
contains a mandate for setting up of the institution of Lokayukta through
enactment of a law by the State Legislature within a period of 365 days from
the date of commencement of this Act. Thus, the Act provides freedom to the
states to decide upon the contours of the Lokayukta mechanism in their respective
states.
Concerns:
● Lokpal
cannot suo motu proceed against any
public servant.
● Emphasis
on form of complaint rather than substance.
● Heavy
punishment for false and frivolous complaints against public servants may deter
complaints being filed to Lokpal.
● Anonymous
complaints not allowed - can't just make a complaint on plain paper and drop it
in a box with supporting documents.
● Legal
assistance to public servants against whom a complaint is filed.
● Limitation period of 7
years to file complaints.
● Very
non-transparent procedure for dealing with complaints against the PM.