Lokpal And Lokayukta a Powerful Weapon Against Corruption in India

Lokpal and Lokayukta Act, 2013 empowers anti-corruption bodies in India to act against public servants. Know features, challenges, and the way forward.

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Introduction to Lokpal and Lokayukta

LOKPAL AND LOKAYUKTA are vital anti-corruption institutions designed to fight against the menace of corruption in India. Corruption has been a persistent threat to the nation's development, democracy, and public trust. The Lokpal and Lokayuktas Act, 2013 was enacted to establish a powerful mechanism at both the central and state levels to hold public functionaries accountable and ensure transparency in governance.

Salient Features of Lokpal and Lokayukta Act, 2013


Institutionalized Anti-Corruption Mechanism

The LOKPAL AND LOKAYUKTA Act provides for the establishment of:

  • Lokpal at the central level, and

  • Lokayuktas in the states
    to probe allegations of corruption against public servants.

Broad-Based Selection Committee

Lokpal is a multi-member body comprising:

  • A Chairperson

  • Judicial and Non-Judicial members
    These members are selected by a committee including the Prime Minister, Lok Sabha Speaker, Leader of Opposition, Chief Justice of India (or nominee), and an eminent jurist.

Comprehensive Jurisdiction

The jurisdiction of LOKPAL AND LOKAYUKTA covers:

  • Current and former Prime Ministers (with exceptions),

  • Union Ministers, MPs,

  • All government officers,

  • NGOs and institutions receiving government or foreign funds over ₹10 lakhs annually.

Independent Inquiry and Prosecution Wings

Separate wings for inquiry and prosecution ensure transparency and eliminate conflict of interest. These wings are headed by a Director of Inquiry and Director of Prosecution respectively.

Wide-Ranging Powers

LOKPAL AND LOKAYUKTA have civil court powers, authority to direct investigation, initiate prosecution, and seize properties acquired through corrupt means. They can even supervise agencies like the CBI.

Ensuring Integrity and Independence

  • Members must have impeccable integrity and rich experience.

  • MPs, MLAs, and convicted individuals cannot be appointed.

  • Chairperson’s salary is charged on the Consolidated Fund of India.

  • No reappointment or post-retirement jobs are allowed.

Special Courts and Timelines

On Lokpal’s recommendation, special courts are established for speedy trials under the Prevention of Corruption Act, 1988 and the Lokpal Act. Clear timelines for inquiry, investigation, and trial are mandated.

Challenges Faced by Lokpal and Lokayukta

 

No Suo Motu Powers

LOKPAL AND LOKAYUKTA cannot act without a complaint. This limits proactive functioning.

Reluctance to Report Corruption

Fear of harassment, weak whistleblower laws, and a low conviction rate discourage reporting of corruption.

Incomplete Institutional Setup

Lack of operational inquiry and prosecution wings and no prosecutions till date raise concerns.

Jurisdictional Overlap

The role of Lokpal overlaps with the Central Vigilance Commission (CVC), causing confusion and inefficiency.

Lack of Independent Investigative Machinery

Reliance on government-controlled bodies like CBI weakens Lokpal’s autonomy.

Accountability Issues

No proper grievance mechanism exists against Lokpal itself, and removal of members is highly difficult.

Weak Implementation at State Level

Around 12 states have not established Lokayuktas. Others suffer due to lack of infrastructure and staff.

Amendments that Dilute the Act

The 2016 amendment excluded spouses and children of public servants from mandatory asset declarations, weakening transparency.

Culture of Corruption

A mere institutional setup like LOKPAL AND LOKAYUKTA is not enough; a cultural and ethical change is needed to uproot corruption.

Way Forward for Lokpal and Lokayukta

LOKPAL AND LOKAYUKTA must be supported with:

  • Strong whistleblower laws,

  • Witness protection schemes,

  • Effective administrative, electoral, judicial, and police reforms,

  • Legal backing to ethics codes, RTI, social audits, and citizen charters.

They must differentiate between unintentional errors and deliberate corruption, use technical experts in investigations, and remain under vigilant civil society and judicial oversight to prevent misuse or political exploitation.



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