1st Foundation Day of Lokpal

GS 2 – POLITY

Context: India celebrated the first Foundation Day of the Lokpal, commemorating 11 years since its establishment under the Lokpal and Lokayuktas Act, 2013. The Lokpal and Lokayukta function as “Ombudsman” institutions, promoting accountability in governance.

Historical Background:

  • Origin of the Concept:
    The Ombudsman system originated in 1809 in Sweden.
  • Introduction in India:
    • The concept was first proposed by former law minister Ashok Kumar Sen in the early 1960s.
    • In 1963, Dr. L. M. Singhvi coined the terms “Lokpal” and “Lokayukta.”
    • The First Administrative Reforms Commission (1966) recommended establishing independent Lokpal and Lokayuktas at the central and state levels.
  • Legislation:
    The Lokpal and Lokayuktas Act, 2013 laid the foundation for statutory bodies to combat corruption in public offices. The Lokpal was constituted on January 16, 2014, as a two-tier mechanism, with Lokpal functioning at the Union level and Lokayuktas at the State level.
  • Key Milestones:
    Justice Pinaki Chandra Ghosh became the first Chairperson of Lokpal in 2019.

Lokpal and Lokayuktas Act, 2013

Structure of Lokpal:

  • Composition:
    • A Chairperson, typically a former Chief Justice of India or Supreme Court Judge.
    • Up to eight members, evenly divided between judicial and non-judicial appointees, with representation from SC/ST/OBC, minorities, and women.
  • Selection:
    • Appointed by the President of India on the recommendation of a selection committee.

Selection Committee Members:

  1. Prime Minister (Chairperson)
  2. Speaker of Lok Sabha
  3. Leader of the Opposition in Lok Sabha
  4. Chief Justice of India or a Supreme Court Judge nominated by the CJI
  5. An eminent jurist appointed by the President

Mandate, Powers, and Functions:

  • Anti-Corruption Authority: Investigates allegations of corruption under the Prevention of Corruption Act, 1988.
  • Oversight Mechanism: Supervises investigations and ensures accountability among public officials.
  • Autonomous Operations: Operates independently with dedicated inquiry and prosecution wings.
  • Investigative Powers: Supervises the CBI, authorizes search operations, and prevents destruction of evidence.
  • Civil Court Powers: The Inquiry Wing has the authority to summon individuals, requisition documents, and examine witnesses.
  • Asset Recovery: Confiscates assets and proceeds of corruption in specific cases.
  • Accountability Measures: Can recommend actions such as suspension or transfer of public officials.
  • Reporting: Submits annual reports to the President, which are presented in Parliament.

Jurisdiction:

  • Coverage: Includes the Prime Minister (with exceptions), Union Ministers, Members of Parliament, and Group A, B, C, and D officials.
  • PM Exceptions: Cannot investigate allegations related to national security, international relations, atomic energy, or space without a two-thirds majority of a full bench.
  • Institutional Scope: Covers entities such as boards, corporations, trusts, and bodies funded or established by the government.
  • Foreign Contributions: Includes organizations receiving foreign contributions exceeding ₹10 lakh.
  • Whistleblower Protection: Safeguards whistleblowers under the Whistle Blowers Protection Act, 2014.
  • Complaint Mechanism: Accepts corruption complaints in the prescribed format from any individual.

MAINS QUESTION
“Discuss the significance of the Lokpal and Lokayuktas in promoting accountability and combating corruption in India. Highlight the challenges faced in their effective implementation.”

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