Context: Supreme Court to see if Lokpal has powers over Judges

Source: The Hindu

A panel of the Supreme Court’s highest-ranking judges made the decision to thoroughly investigate whether judges of constitutional courts fall under the purview of the Lokpal, the nation’s top ombudsman, as well as public officials such as the prime minister, union ministers, members of parliament, and central government representatives.

The court was considering a suo motu case that was started after the Lokpal took over the investigation of allegations against High Court judges who were still in office through an order dated January 27. Judges of the High Court were categorized by the Ombudsman as public servants who were covered by the Lokpal and Lokayuktas Act of 2013 as ministers and government officials.

On February 20, the Special Bench halted the Lokpal order, stating that it was extremely unsettling and could affect the judiciary’s independence.

Model Question:

The establishment of the Lokpal was seen as a significant step towards ensuring transparency and accountability in governance. Critically analyze the role, challenges, and effectiveness of the Lokpal in India. (250 words)

Model Answer

The Lokpal and Lokayuktas Act, 2013 established the Lokpal as an independent body to investigate corruption cases against public servants. It was a response to rising demands for accountability, notably during the India Against Corruption Movement. The Lokpal aims to ensure transparent governance by addressing corruption complaints efficiently.

Role and Functions of Lokpal

1. Investigative Authority: Inquires into allegations of corruption against current and former public officials, including the Prime Minister (with limitations).
2. Supervisory Role: Monitors investigations by the Central Bureau of Investigation (CBI).
3. Prosecution Powers: Can initiate prosecution through its legal wing.
4. Preventive Measures: Recommends actions to prevent corruption in public offices.

Effectiveness of Lokpal

1. Independent Mechanism: Lokpal ensures impartial investigations without political influence.
2. Public Confidence: Strengthens trust in democratic institutions by promoting accountability.
3. Deterrence Effect: Acts as a deterrent for corruption among high-ranking officials.

Challenges Faced by Lokpal

1. Delayed Appointments: The Lokpal was operationalized only in 2019, six years after the Act’s enactment.
2. Limited Jurisdiction: Restrictions on investigating the Prime Minister in specific cases.
3. Lack of Infrastructure: Inadequate resources and technical expertise.
4. Overlap with Existing Agencies: Conflicts with bodies like CBI and Central Vigilance Commission (CVC).
5. Political Influence: Appointments may face allegations of political interference.

Way Forward

1. Strengthen Autonomy: Provide financial and operational independence.
2. Enhance Transparency: Ensure timely public disclosure of investigation reports.
3. Capacity Building: Equip the Lokpal with adequate manpower and technology.
4. Collaboration: Improve coordination between the Lokpal, CBI, and CVC.

The Lokpal has the potential to significantly reduce corruption and uphold accountable governance. However, strengthening its autonomy, ensuring transparency, and addressing institutional challenges are essential to enhance its effectiveness. Robust implementation of the Lokpal Act will ensure the realization of its anti-corruption mandate.