Corruption Challenges – Lokpal, POCA, etc

[op-ed snap] Lokpal, at last

Note4students

Mains Paper 2: Governance | Important aspects of governance, transparency & accountability

From UPSC perspective, the following things are important:

Prelims level: Not much

Mains level: Delay in appointment of Lokpal and consequences after appointment of Lokpal.


NEWS

CONTEXT

The selection of Justice P.C. Ghose as the first Lokpal has come after an unjustified delay of five years. Nevertheless, it ought to be welcomed as a milestone in the cause of fighting corruption in high places.

Background

  • The concept of an institutional mechanism, or an anti-corruption ombudsman, has been around for over 50 years.
  • It was finally enacted as a law in 2013, and came into effect on January 16, 2014.
  • Some of the credit for driving this legislation must be given to Anna Hazare’s movement against what many saw as unreasonable levels of corruption under the previous UPA regime.

Delay in implementation

  • Barring a report by the Standing Committee of Parliament and a couple of amendments passed in 2016 on the declaration of assets by public servants, there has been very little progress.
  • At one point, the government’s lack of political will to establish a Lokpal became obvious, leading to the Supreme Court repeatedly asking it to show progress in its efforts.
  • Ultimately, it was the court’s stern ultimatum to appoint a Lokpal within a timeframe that worked.
  • The government had initially taken the position that it was awaiting the passage of amendments based on the parliamentary committee report.
  • One amendment pertained to including the leader of the largest party in the Opposition in the selection committee, in the absence of a recognised Leader of the Opposition.
  • In a verdict in April 2017, the Supreme Court rejected the excuse and said there was no legal bar on the selection committee moving ahead even if there was a vacancy.
  • It is not clear why this simple amendment, carried out in respect of selection committees for the posts of CBI Director and Chief Information Commissioner, was not made in the Lokpal Act.
  • The Congress leader in the Lok Sabha,  did not want to attend selection committee meetings as a ‘special invitee’ and wanted full membership.

Appointment System

  • The appointment system is quite long, a two-stage process.
  • A search committee has to be formed.
  • It recommends a panel of names to the high-power selection committee, which comprises the Prime Minister, the Speaker of the Lok Sabha, the Leader of the Opposition, the Chief Justice of India (or his nominee) and an eminent jurist.
  • The selection panel has to choose from a short-list consisting of names for the posts of Lokpal chairperson, and judicial and non-judicial members.

Consequences

  • Now that the Lokpal has been chosen, victims of corruption have a viable avenue of redress.
  • The Lokpal will take over the work of sanctioning prosecution, besides exercising its power to order preliminary inquiries and full-fledged investigations by any agency, including the CBI.

Conclusion

It may be unrealistic to expect any dramatic impact on the lives of the common people, but the Lokpal and other members have a historic responsibility to live up to popular expectations.

 

 

 

 

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