Corruption Challenges – Lokpal, POCA, etc

Ex-SC Judge Justice A M Khanwilkar appointed Lokpal Chairperson

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Lokpal: Powers, Functions, Exceptions

Mains level: NA

In the news

  • Former Supreme Court judge Justice Ajay Manikrao Khanwilkar has been appointed as the chairperson of Lokpal, the anti-corruption ombudsman of India.
  • Justice Khanwilkar retired from the Supreme Court in July 2022, bringing a wealth of judicial experience to his new role.

About Lokpal

  • Establishment: Lokpal is a statutory body established under the Lokpal and Lokayuktas Act of 2013.
  • Mandate: It is tasked with investigating allegations of corruption against certain public functionaries and related matters.
  • Organisational Structure:
  1. The Lokpal comprises a chairperson and a maximum of 8 members.
  2. The chairperson must be a former Chief Justice of India, a former Supreme Court judge, or an eminent person meeting eligibility criteria.
  3. Half of the members must be judicial members, either former Supreme Court judges or former Chief Justices of High Courts.
  4. At least 50% members must be from SC / ST / OBC / Minorities and women.
  5. Members serve a term of 5 years or until they turn 70, whichever is earlier.
  • Perks and Benefits: The salary, allowances, and other conditions of service for the chairperson are equivalent to those of the CJI, while members receive benefits similar to Supreme Court judges.

Appointment Process:

  • The President of India appoints the chairperson and members based on the recommendation of a selection committee.
  • The selection committee includes the PM as Chairperson, the Speaker of Lok Sabha, the Leader of Opposition in Lok Sabha, the Chief Justice of India or a nominated judge, and one eminent jurist.

Jurisdiction:

  • Lokpal has jurisdiction to investigate allegations of corruption against Prime Ministers, Union Ministers, Members of Parliament, and officials of the Union Government.
  • It extends to individuals associated with government-funded entities and those receiving substantial foreign contributions.

Exceptions for Prime Minister:

  • Lokpal cannot probe allegations against the PM related to certain sensitive areas like international relations, security, public order, atomic energy, and space without the approval of at least 2/3rds of its members.
  • A full Lokpal bench must consider initiating inquiries into complaints against the PM.

Powers of Lokpal:

  • Lokpal exercises superintendence over and provides directions to the Central Bureau of Investigation (CBI) in corruption cases.
  • It can authorize the CBI for search and seizure operations linked to such cases.
  • The Lokpal’s Inquiry Wing possesses powers akin to a civil court.
  • It can recommend the transfer or suspension of public servants implicated in corruption allegations.
  • Lokpal is empowered to prevent the destruction of records during preliminary inquiries and confiscate assets obtained through corruption.

Reporting and Accountability

  • Annually, Lokpal submits a report on its activities to the President, which is then presented to both Houses of Parliament for scrutiny.

Try this PYQ from CS Mains 2013

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

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