14-September-2024-Special-Article

LOKPAL’S INQUIRY WING

The Lokpal, India’s anti-corruption ombudsman, was created to investigate corruption allegations against public servants. Recently, the Lokpal established an Inquiry Wing to handle preliminary investigations into offences under the Prevention of Corruption Act, 1988.

This move aims to strengthen the country’s fight against corruption by providing a structured and independent mechanism for handling graft-related cases.

Key Highlights of the Inquiry Wing of Lokpal:

Legal Foundation:

• The Lokpal and Lokayuktas Act, 2013 provides the legal backing for the Inquiry Wing.
• Section 11 of the Act requires the Lokpal to create an Inquiry Wing responsible for conducting preliminary investigations into corruption offences committed by public officials.

Scope of Investigation:

• The wing’s mandate includes conducting inquiries into alleged offences under the Prevention of Corruption Act, 1988.
• It targets a wide range of public servants and officials specified under the Act.

Organizational Structure:

• The wing will be headed by a Director of Inquiry, appointed under the Lokpal chairperson.
• Three Superintendents of Police (SPs) will assist the Director, each specializing in a different domain:

• SP (General)
• SP (Economic and Banking)
• SP (Cyber).

• These SPs will be further supported by a team of inquiry officers and staff.

Timeline for Preliminary Inquiries:

• The Inquiry Wing is required to finish its initial investigation and provide a comprehensive report to the Lokpal within a 60-day period.
• The report should include feedback from both the accused public servant and the relevant competent authority.

The Need for the Inquiry Wing of Lokpal:

Enhancing Preliminary Inquiries:

• The Central Vigilance Commission (CVC) emphasizes the importance of having an independent entity to conduct impartial preliminary inquiries.
• The Inquiry Wing ensures that graft cases are investigated without external influence, which is crucial for effective anti-corruption measures.

Independence in Investigations:

• By operating autonomously, the Inquiry Wing helps avoid potential bias, especially in cases that are politically sensitive.
• It operates in coordination with agencies like the CVC, CBI, and state-level Lokayuktas.

Strengthening Public Accountability:

• This initiative aligns with the recommendations of the Second Administrative Reforms Commission (ARC), which called for the creation of stronger anti-corruption bodies.
• The wing also aims to improve coordination among various investigative and prosecuting agencies to streamline anti-corruption efforts.

Addressing International Concerns:

• Global institutions like Transparency International have highlighted the need for independent and robust anti-corruption mechanisms.
• The Inquiry Wing is part of India’s response to global demands for improving transparency and governance.

Filling Gaps in the Anti-Corruption Framework:

• The Public Accounts Committee (PAC) Report, 2011 identified several weaknesses in the existing anti-corruption mechanisms.
• The Inquiry Wing addresses these gaps by offering a specialized, independent structure for inquiries, free from political or administrative influence.

Key Facts About Lokpal:

Historical Significance:

• Lokpal is the first of its kind in independent India, established to tackle corruption among public servants and officials.
• Created under the Lokpal and Lokayuktas Act, 2013, it investigates corruption allegations against individuals within its jurisdiction.

Composition:

• The Lokpal is comprised of a Chairperson and eight Members.
• At least 50% of the Members must be judicial officers.
• The Chairperson and Members are appointed by the President of India and serve a term of five years or until they reach the age of 70 years, whichever comes first.

Salary and Allowances:

• The Chairperson’s pay and benefits are equivalent to that of the Chief Justice of India.
• The other members receive salaries and allowances comparable to those of a Supreme Court Judge.

Organizational Structure:

• Lokpal operates through two main divisions:

·      Administrative Branch: Headed by a Secretary-level officer of the Government of India.·      Judicial Branch: Managed by a senior judicial officer.Jurisdiction:

• The Lokpal can investigate allegations of corruption against a wide range of public functionaries, including the Prime Minister, Union Ministers, MPs, and officials in Groups A, B, C, and D.
• It also extends to chairpersons, members, and officers of autonomous bodies established by law or funded by the Union or State Governments.

Inquiry Process:

• On receiving a complaint, the Lokpal may order a preliminary inquiry through its Inquiry Wing or refer the case to external agencies like the CBI or CVC.
• For public officials in Groups A and B, the CVC reports to the Lokpal, while it takes action for Groups C and D under the CVC Act, 2003.

Challenges in the Functioning of Lokpal:

• Delay in Infrastructure Development: Although the Inquiry Wing has been constituted after a decade, the Prosecution Wing mandated by the Lokpal and Lokayuktas Act, 2013 is yet to be established.
• Exclusion Clause: Under Section 14 of the Act, state government employees are excluded from the Lokpal’s jurisdiction unless they are involved in Union affairs.
• Ambiguity in CBI Supervision: There are ongoing questions about the extent of Lokpal’s supervisory authority over the CBI, particularly in investigations involving senior public officials.
• Personnel Shortages: Lokpal is currently operating with vacant member positions, which impacts its ability to function efficiently.
• Dependence on External Agencies: The Lokpal often relies on agencies like the CBI and the police for investigations, which can compromise its independence.
• Lack of Oversight Mechanism: Although the Lokpal is empowered to investigate corruption, there is no dedicated system in place to monitor its functioning.

Way Forward:

• Fast-Track Formation of Prosecution Wing: The government should prioritize the establishment of the Prosecution Wing and fill all vacancies within the Lokpal’s structure.
• Clarify Powers Over CBI and Other Agencies: Clear guidelines should be established regarding Lokpal’s authority over the CBI and coordination with other agencies like the Enforcement Directorate (ED) and CVC.
• Adopt Global Best Practices: India should adopt international best practices, especially regarding whistleblower protection, in line with the United Nations Convention against Corruption (UNCAC).
• Implement Recommendations from Key Committees: The government should implement the recommendations of the Second Administrative Reforms Commission (ARC) to improve the Lokpal’s efficiency and accountability.

Mains question:

1. “Examine the role of the Lokpal in India’s anti-corruption framework. Discuss the challenges it faces in ensuring transparency and accountability among public servants.” (150 WORDS)