The Lokpal Act (A Weapon Against Corruption)

Introduction

The Jan Lokpal Bill was passed to abolish malpractices by the administration and government bodies. The Lokpal Act is an essential parameter to rank the government and establish a corruption-free nation. Many leaders, and in particular, Anna Hazare, fought for the establishment of this bill, and after years of struggles, it finally passed in 2011.

Need for the Lokpal Act

Malpractices by governmental powers are like termites that slowly destroy a nation’s system and fundamental rights, hamper the administration’s functioning, and reduce its efficiency. However, although India has numerous anti-corruption agencies, they lack independence. 

Even though these agencies only serve as advisory bodies, their instructions are not properly followed. There is also a lack of transparency, accountability, and responsibility with internal and external matters. Further, no organisation exists to regulate and maintain these bodies.

Establishment of the Lokpal Act

The Lokpal and Lokayukta Act, 2013 was established to keep tabs on the functioning of government-based agencies. Lokpal works for the union government, while Lokayukta works for the states. These institutions are legislative bodies without any constitutional status. They serve as an ‘ombudsman’ and inspect allegations associated with corruption against specific governmental bodies and related matters. 

LM Singhvi initially suggested the term ‘Lokpal’ in the early 1960s and requested the creation of such a committee. Subsequently, the first managerial or directorial body was formulated, which recommended the establishment of two autonomous institutions at two different levels–central and state–to investigate complaints against politicians or government-related individuals including MLAs, MPs, etc.

In 1968, the Lokpal Bill was proposed and passed in the Lok Sabha, but it lapsed due to the dissolution of the Lok Sabha, and until 2011, the amendment failed despite many attempts. Although two managerial or directorial reform commissions tried to pass the bill between 2002 and 2011, they were delayed. 

Finally, in 2011, the formation of groups of ministers was initiated by the government and monitored by Pranab Mukherjee. The Lokpal Bill proposal was examined with an aim to pass it. Further, a movement against corruption initiated by Anna Hazare pressured the United Progressive Alliance (UPA) at the central level and led to the enactment of the Lokpal and Lokayuktas Bill, 2013 in the Rajya Sabha and the Lok Sabha.

The civil society of India drafted an Anti-Corruption Bill called the Jan Lokpal Bill. It gave Lokpal members authority and created an independent body to take action against government bodies involved in corruption. Jan Lokpal has the power to eliminate ministers and politicians from the system without anyone’s permission.

In the fight against corruption, there are no investigative agencies in India that are above the government. For example, the CBI is governed by the Home Ministry, the Income Tax Department is supervised by the Finance Ministry, and the Intelligence Bureau reports to the Prime Minister’s Office. Thus, every investigating agency in India falls under a certain ministry, and thus, agencies cannot investigate departments that supervise them. The need for an agency that was above all government departments and ministries resulted in the Jan Lokpal Bill.

Eligibility Criteria for the Members of the Lokpal

In all, the Lokpal consists of nine members including the chairperson and eight other members. There are several eligibility criteria for Lokpal members:

• The candidate must be a former judge of the Supreme Court or a retired judge.
• The candidate should be smart, loyal, and eminent and have excellent field skills in addition to at least 25 years of experience in specific positions related to public policy, finance, law, management, etc.
• 50% of its members must have a judicial background and 50% must be SC/ST/OBC, minorities, and women. 
• The candidate should not be over 70 years of age. 

Challenges Against the Lokpal Act

Despite its independence and authority in decision-making, the body has several limitations. A major challenge was the delay in passing the Lokpal Bill, which reflects the negative influence of political structure. Moreover, only 16 states have Lokayuktas, which indicates the body’s weakness and corrupted system that erodes the nation’s foundation. 

Conclusion

In the fight against corruption, there is no effective statutory body that supports the non-corruptive functioning of the system from the central to the state level. However, the Lokpal Bill is one of few solutions to this problem and serves to maintain and regulate the functioning of government institutions. For years, people have demanded an agency with access to power and authority against a corrupt system. Such demands resulted in the Lokpal Bill and member body to improve the country’s current status.