Corruption Challenges – Lokpal, POCA, etc

[pib] Lokpal of India

Why in the News?

The Lokpal of India, India’s central anti-corruption ombudsman, is moving forward to fill 81 approved posts on a deputation basis.

Historical Context of the Lokpal:

  • Initial Proposal (1966): First proposed by the First Administrative Reforms Commission to tackle high-level corruption.
  • Legislative Failures (1971–2008): Multiple Lokpal Bills introduced in Parliament but none were passed.
  • Jan Lokpal Movement (2011): Nationwide agitation led by Anna Hazare demanded a powerful and independent anti-corruption body, catalyzing public and political support.
  • Enactment of Law (2013): The Lokpal and Lokayuktas Act was passed in 2013, providing for:
    • A Lokpal at the central level.
    • Lokayuktas in states.
  • Formal Establishment (2014): Lokpal of India was notified on January 16, 2014 under Section 3 of the Act.
  • Initial Functioning: Operated with encadred staff (mostly Central Secretariat Service); became functionally active only in 2019.
  • Organisational Restructuring (2024):
    • Due to rising complaints and staffing gaps, a new Organogram was approved in August–September 2024.
    • The Full Bench of Lokpal, using powers under Section 34, sanctioned 81 deputation posts.
    • These are stop-gap until regular recruitment begins under the upcoming Service Regulations, 2024.

About Lokpal [vs. Lokayukta, A Comparative Overview]:

Lokpal (Central) Lokayukta (State)
Legal Basis Established under the Lokpal and Lokayuktas Act, 2013 Also mandated under the Lokpal and Lokayuktas Act, 2013 (Section 63); specifics vary by state
Jurisdiction Covers central public servants, including the Prime Minister (with some exceptions), Ministers, MPs, and officials in Groups A–D Handles cases involving state public servants, such as Chief Ministers, Ministers, MLAs, and state officials
Appointment Appointed by the President based on recommendations of a Selection Committee (PM, LoP, CJI, jurist) Appointed by the Governor; appointment process defined by state legislation
Composition Chairperson (former CJI/SC judge/eminent person) + up to 8 members (50% from SC/ST/OBC/Women/Minorities) Composition varies by state; usually includes a Chairperson and members with similar qualifications
Tenure 5 years or until the age of 70, whichever is earlier Defined by respective state laws
Salary & Removal Chairperson = salary of CJI;

Members = salary of SC Judges;

Removal by President after SC inquiry

Modelled on Lokpal Act; removal by Governor based on state-specific processes
Powers
  • Investigates corruption under Prevention of Corruption Act
  • Can confiscate illegal assets
  • Can refer cases to CBI
  • Jurisdiction over NGOs receiving significant foreign or govt. funds
  • Submits reports to President, tabled in Parliament
  • Investigates under state anti-corruption laws
  • Can recommend prosecution/disciplinary actions
  • Handles complaints related to state schemes, contracts
  • Submits reports to Governor, tabled in State Legislature
Recent Institutional Reform
  • In 2024, Lokpal approved a new Organogram and framed Service Regulations, 2024 for structured staffing.
  • As a stopgap, 81 posts are being filled via deputation.
Varies across states; no uniform push for staff standardization as seen at the central level.

 

[UPSC 2025] Consider the following statements about Lokpal:

I. The power of Lokpal applies to public servants of India, but not to the Indian public servants posted outside India. II. The Chairperson or a Member shall not be a Member of the Parliament or a Member of the Legislature of any State or Union Territory, and only the Chief Justice of India, whether incumbent or retired, has to be its Chairperson. III. The Chairperson or a Member shall not be a person of less than forty-five years of age on the date of assuming office. IV. Lokpal cannot inquire into the allegations of corruption against a sitting Prime Minister of India.

Which of the statements given above is/are correct?

Options: (a) III only* (b) II and III (c) I and IV (d) None of the above statements is correct

[2013] ‘A national Lokpal, however strong it may be, cannot resolve the problems of immorality in public affairs’. Discuss.

 

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