Lokpal Sets Up Inquiry Wing for Preliminary Graft Probes

Context:

The Lokpal has recently established an inquiry wing dedicated to conducting preliminary investigations into corruption-related offenses by public servants. This move is aimed at enhancing transparency and accountability within public services, ensuring a systematic approach to combatting graft.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Overview of the Inquiry Wing of Lokpal
2. Necessity of the Inquiry Wing
3. About Lokpal
4. Other Important Points regarding the Lokpal
5. Exception for Prime Minister

Overview of the Inquiry Wing of Lokpal:

• Establishment & Authority: Mandated by the Lokpal and Lokayuktas Act of 2013, this wing is dedicated to conducting preliminary investigations into corruption allegations under the Prevention of Corruption Act, 1988, targeting specified public servants and functionaries.
• Structure: Directed by a Chairperson, supported by three Superintendents of Police specialized in general duties, economic and banking sectors, and cyber issues. Additional inquiry officers and staff further assist the SPs.
• Procedure: The Inquiry Wing must complete its preliminary investigations and submit reports to the Lokpal within 60 days, including feedback from both the accused public servant and the relevant authority for each category of public servant.

Necessity of the Inquiry Wing:

• Independence: Emphasized by the Central Vigilance Commission (CVC), the autonomy of the Inquiry Wing is crucial for unbiased investigations into corruption, particularly important in politically sensitive cases that may involve the Central Bureau of Investigation (CBI).
• Collaboration: Operates in conjunction with national entities like the CVC and CBI, as well as state-level Lokayuktas, to ensure a comprehensive and unified approach to corruption.
• Alignment with Reforms: Supports the directives of the Second Administrative Reforms Commission, aiming to bolster anti-corruption measures and improve inter-agency coordination.
• Global Standards: Responds to the international call for robust, independent anti-corruption agencies as highlighted by organizations like Transparency International.
• Filling Systemic Gaps: As noted in the 2011 Public Accounts Committee Report, the Inquiry Wing seeks to remedy the shortcomings of India’s previous anti-corruption frameworks by providing a specialized, politically insulated mechanism for inquiry.

About Lokpal

• The Lokpal and Lokayukta Act, 2013 establishes Lokpal for the Union and Lokayukta for States (Statutory Bodies) to inquire into allegations of corruption against certain public functionaries.
• Composition: Lokpal will consist of a chairperson and a maximum of eight members, of which 50% shall be judicial members and 50% shall be from SC/ST/OBCs, minorities and women.
• Appointment process: It is a two-stage process.
  • A search committee which recommends a panel of names to the high-power selection committee.
  • The selection committee 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 (nominated by President based on the recommendation of other members of the panel).
• President will appoint the recommended names.
• The jurisdiction of Lokpal extends to:
  • Anyone who is or has been Prime Minister, or a Minister in the Union government, or a Member of Parliament, as well as officials of the Union government under Groups A, B, C and D.
  • The chairpersons, members, officers and directors of any board, corporation, society, trust or autonomous body either established by an Act of Parliament or wholly or partly funded by the Centre.
  • Any society or trust or body that receives foreign contribution above Rs. 10 lakhs.

Other Important Points regarding the Lokpal

• Salaries, allowances and service conditions: Salaries, allowances and other perks of the Lokpal chairperson will be the same as those for the Chief Justice of India; those for other members will be the same as those for a judge of the Supreme Court.
• Inquiry wing and prosecution wing: Inquiry Wing for conducting preliminary inquiry and Prosecution Wing for the purpose of prosecution of public servants in relation to any complaint by the Lokpal under this Act.
• Power with respect to CBI: Power of superintendence and direction over any investigation agency including CBI for cases referred to them by Lokpal. Transfer of officers of CBI investigating cases referred by Lokpal would need approval of Lokpal.
• Timelines for enquiry, investigation: Act specifies a time limit of 60 days for completion of inquiry and 6 months for completion of investigation by the CBI. This period of 6 months can be extended by the Lokpal on a written request from CBI.
• Suspension, removal of Chairperson and member of Lokpal: The Chairperson or any Member shall be removed from his office by order of the President on grounds of misbehaviour after the Supreme Court report. For that a petition has to be signed by at least one hundred Members of Parliament. Special Court shall be setup to hear and decide the cases referred by the Lokpal.

Exception for Prime Minister

• The Lokpal and Lokayukta Act, 2013 does not allow a Lokpal inquiry if the allegation against the PM relates to international relations, external and internal security, public order, atomic energy and space.
• Complaints against the PM are not to be probed unless the full Lokpal bench considers the initiation of inquiry and at least 2/3rds of the members approve it.
• Such an inquiry against the PM (if conducted) is to be held in camera and if the Lokpal comes to the conclusion that the complaint deserves to be dismissed, the records of the inquiry are not to be published or made available to anyone.

-Source: Indian Express