Lokpal has constituted an inquiry wing to conduct a preliminary probe into graft-related offences committed by public servants. The Lokpal and Lokayuktas Act, 2013 also has provision to constitute a prosecution wing headed by the “Director of Prosecution” for the purpose of prosecution of public servants, which is yet to be constituted.
Key Highlights of the Inquiry Wing of Lokpal
- Legal Backing: Section 11 of the Lokpal and Lokayuktas Act, 2013, mandates the Lokpal to establish an inquiry wing. This wing is responsible for conducting preliminary inquiries into offences under the Prevention of Corruption Act, 1988, allegedly committed by specified public servants and functionaries.
- Organisational Structure: There will be a Director of Inquiry under the Lokpal chairperson. The director will be assisted by three Superintendents of Police (SPs) SP (general), SP (economic and banking) and SP (cyber). Each SP will be further assisted by inquiry officers and other staff.
- Preliminary Inquiry Timeline and Reporting: The Inquiry Wing must finalize its preliminary inquiry and submit a report to the Lokpal within 60 days. This report should include feedback from both the public servant and the designated competent authority for each category of public servant.
Need of the Inquiry Wing of Lokpal
- Effective Preliminary Inquiries: The Central Vigilance Commission (CVC) emphasises the need for an independent authority like the Inquiry Wing of the Lokpal which is vital for conducting preliminary inquiries into such allegations.
- Independence in Anti-Corruption Investigations: The Lokpal’s Inquiry Wing, being autonomous, can mitigate issues such as allegation of biases in politically sensitive cases investigated by Central Bureau of Investigation (CBI).
- The Inquiry Wing will work in conjunction with other agencies such as the CVC, CBI, and state-level Lokayuktas.
- Strengthening Accountability and Public Trust: It aligns with the recommendations of the Second Administrative Reforms Commission (ARC), which suggested strengthening anti-corruption institutions and enhancing coordination between different investigative and prosecuting agencies.
- Addressing Global Concerns on Corruption: Global corruption indices such as those by Transparency International have consistently highlighted the need for robust, independent institutions to tackle corruption. The Inquiry wing of Lokpal is seen as a response to international calls for reform by enhancing India’s mechanism for transparency and governance.
- Filling Gaps in the Current Anti-Corruption Framework: The 2011 Public Accounts Committee (PAC) Report on corruption highlighted the limitations of existing anti-corruption frameworks in India. The Inquiry Wing of the Lokpal addresses these gaps by providing a specialised mechanism for inquiry, separate from administrative and political influence.
Key Facts About Lokpal
- About : It is the first institution of its kind in independent India, created to combat corruption among public functionaries. It was established under the Lokpal and Lokayuktas Act, 2013, to investigate allegations of corruption against individuals within its scope.
- Composition of the Lokpal: The Lokpal consists of a Chairperson and eight Members, with at least 50% being Judicial Members. The Chairperson and Members are appointed by the President of India and serve for a term of five years or until the age of 70 years, whichever is earlier.The Chairperson’s salary and allowances are equivalent to those of the Chief Justice of India, while the Members receive benefits similar to those of a Judge of the Supreme Court.
- Organisational Structure: The Lokpal operates through two main branches: the Administrative Branch and the Judicial Branch. Administrative branch is headed by an officer of the rank of Secretary to the Government of India.Judicial branch is headed by a Judicial Officer of an appropriate level.
- Jurisdiction: The Lokpal has the authority to investigate allegations of corruption against a wide range of public functionaries, including the Prime Minister, Union Ministers, Members of Parliament, and officials in Groups A, B, C, and D of the Union Government. It also covers chairpersons, members, officers, and directors of any board, corporation, society, trust, or autonomous body established by an Act of Parliament or funded by the Union or State Government.
- Proceeding of Lokpal: Upon receiving a complaint, the Lokpal may order a preliminary inquiry by its Inquiry Wing or refer the matter to agencies like the Central Bureau of Investigation (CBI) or CVC. The CVC sends a report back to the Lokpal for officials in Groups A and B, while it takes action under the CVC Act, 2003 for Groups C and D.
- Function of Lokpal: They perform the function of an “ombudsman” and inquire into allegations of corruption against certain public functionaries and for related matters. An ombudsman is an official who investigates complaints (usually lodged by private citizens) against businesses, public entities, or officials.