Lokpal & Lokayuktas

Advocate Shanti Bhushan first introduced this Bill, but it wasn’t passed as people didn’t warm up to establish an anti-corruption body.

The main reason for this Bill was to decrease the overall corruption and listen to the citizens’ grievances of this country.

This Bill was also built with the help of inputs and improvements suggested by ordinary citizens. Lokpal Bill was put forth in the parliament about eight times in 1968, after which it was finally passed in late 2013. In this article, you will understand Why was Lokpal the need for an Hour in India? And also you will get a short note on the 1st Lokpal of India and lastly a detail about the lokpal.

About the 1st Lokpal of India.

Former Supreme Court judge Justice PC Ghosh has become the 1st Lokpal of India. The President’s Office issued the notification of his appointment. His name was advised by the selection committee comprising Prime Minister Narendra Modi, Chief Justice Ranjan Gogoi, Lok Sabha Speaker Sumitra Mahajan, and former Attorney General Mukul Rohatgi.

Committee member and Leader of Congress in Lok Sabha Mallikarjun Kharge did not attend the meeting.

 Justice Pinaki Chandra Ghosh (PC Ghosh), born in 1952, is the son of Justice Shambhu Chandra Ghosh. He did his legal studies in Kolkata itself. In 1997, he became a judge in the Calcutta High Court.

In December 2012, he became the Chief Justice of the Andhra Pradesh High Court. While in this post, he sentenced Sasikala, former secretary of AIADMK, in a corruption case.

On 8 March 2013, he was promoted to judge on the Supreme Court.

 Former Supreme Court Judge Justice PC GhoshAfter this, on 27 May 2017, he retired as a judge on the Supreme Court. Justice Ghosh made many important decisions during his Supreme Court tenure. After retiring from the Supreme Court, Justice Ghosh joined the National Human Rights Commission.

What are Lokpal and Lokayukta?

• The Lokpal and Lokayuktas Act, 2013, provided for the institution of Lokpal for the Union (Centre) and Lokayukta for the states
• These institutions are statutory bodies without any constitutional status
• They act as ombudsmen and investigate allegations of corruption against certain categories of government officials
• This eligibility has been prescribed as per the Lokpal Act, 2013. No elected representative or any businessman or member of Panchayat and Municipal Corporation can be appointed to the post of President

Special powers of the Lokpal

• One of the major powers of the Lokpal is that it can cover all the public helpers who act as whistle-blowers
• They also have a remarkable Whistleblowers Protection Act specified for the very same reason
• Lokpal will also be given the strategy to execute trials in a special court if they feel that the trial is of extreme importance
• They can also find people for false or incorrect complaints.
• The fines can amount to up to Rs 2 lakh

Provisions of the Act

1. The Act sets up a Lokpal team headed by a chairperson and eight people.
2. This committee will have the power to analyse people who might be earning money through dishonest means.
3. All classifications of public helpers will be protected under Lokpal, including the Prime Minister, while the armed forces will be exempted.
4. The body will also have the power to confiscate possessions or assets acquired by corrupt means.

Why was Lokpal the need of Hour in India?

There are many loopholes in our anti-corruption systems. There is no simple analysis and prosecution, and very few corrupt are disciplined, despite the overwhelming evidence against them. Entire anti-corruption parties protect the corrupt.

1. Lack of Independence Most of our agencies like CBI, State Vigilance Department, Internal Vigilance Wing of various Departments, Anti Corruption Wing of State Police etc., are not independent. In many cases, they have to report to the same people who are either the accused themselves or likely to be affected by the accused.

2. Powerless Some bodies- such as CVC or Lokayukta, are independent but have no powers. He has been made an advisory body. They give two kinds of advice to the government – either imposing departmental punishment on an officer or prosecuting him in court.
3. Lack of transparency and internal accountability- Besides, there is a problem with these anti-corruption agencies’ internal transparency and accountability. Presently, there is no separate and effective mechanism to check whether the employees of these anti-corruption agencies are corrupt. That is why, despite so many agencies, corrupt people rarely go to jail.

Conclusion

The institution of Lokpal is a statutory body without any constitutional backing. The Lokpal is a plural body consisting of a chairman and a maximum of 8 members. The person who is to be appointed as the chairperson of the Lokpal should be a former Chief Justice of India, a former Judge of the Supreme Court, or a person of the eminence of impeccable and outstanding ability, anti-corruption policy, public administration, vigilance, insurance including finance And should have minimum 25 years of expertise and specialised knowledge in matters relating to Banking, Law and Management. The institution of Lokpal has been a landmark step in the history of Indian politics, with the Lokpal and Lokayuktas Act 2013 offering a productive solution to combat the never-ending menace of corruption.