Lokpal report shows a decline in corruption cases in India

Anti-corruption ombudsman 'Lokpal' during 2020-21 has received 110 complaints, including four against Member of Parliaments, registering over 92 per cent decline from the number of complaints received in 2019-20, according to latest official data.

Hyderabad: Anti-corruption ombudsman 'Lokpal' during 2020-21 has received 110 complaints, including four against Member of Parliaments, registering over 92 per cent decline from the number of complaints received in 2019-20, according to latest official data. The Lokpal had received 1,427 corruption complaints in 2019-20, it said.

The year 2020

• Of the total complaints received in the last fiscal year, 57 were against Group A or Group B central government officials, 44 against chairpersons, members and employees of different boards/corporations/autonomous bodies wholly or partially financed by the Centre, and five were in the others category, it said.
• The Lokpal ordered a preliminary inquiry into 30 complaints and closed 75 complaints after preliminary examination, the data said. A total of 13 complaints were closed after considering a preliminary inquiry report in 2020-21, it said.
• As many as 14 complaints sent for preliminary inquiry against Group A and B officials were pending with the Chief Vigilance Commissioner (CVC) and three with the Central Bureau of Investigation (CBI), said the Lokpal data.

President Ram Nath Kovind had on March 23, 2019, administered the oath of office to Justice Pinaki Chandra Ghose as the Chairperson of Lokpal, the apex body to inquire and investigate allegations of corruption against public functionaries, including the Prime Minister. The Lokpal’s eight members working in four judicial and the rest in non-judicial were administered the oath of office by Justice Ghose on March 27, 2019. At present, the Lokpal has a vacancy of two judicial members.

The year 2019

• An action report in one case was pending with the Delhi Development Authority (DDA), it said. Of the 1,427 complaints received by the Lokpal during 2019-20, 613 were related to state government officials and four against Union ministers and Members of Parliament (MPs), according to the data.
• It said 245 complaints were against central government officials, 200 against those in public sector undertakings, statutory bodies, judicial institutions and autonomous bodies at the central level, and 135 complaints were against private persons and organisations. There were six complaints against state ministers and members of legislative assemblies and four against Union ministers, the data said.
• Of the total complaints, 220 were requests/comments or suggestions, it said. As many as 613 complaints were related to state government officials, public sector undertakings, statutory bodies, judicial institutions and autonomous bodies at the state level, the data said.
• Of the total complaints, 1,347 were disposed of, it said, adding that 1,152 complaints were beyond the Lokpal’s jurisdiction.

What is Lokpal?

The word 'Lokpal' is derived from the Sanskrit word "loka" meaning people and "pala" meaning protector or caretaker. Together it means "protector of people". The aim of passing such a law is to eradicate corruption at all levels of the Indian polity. For a nation to develop it needs to have an extremely well organized and meticulously planned organization. To root out the menace of corruption the institution of "Ombudsman" came up and has played a great role in fighting administrative malpractices.

Historical Background

The institution of ombudsman originated in Scandinavian countries. The institution of Ombudsman first came into being in Sweden in 1713 when a "Chancellor of Justice" was appointed by the King to act as an invigilator to look into the functioning of a wartime government. From 1713 the duty of this ombudsman was to mainly ensure the correct conduct of royal officials. The institution of the ombudsman was firmly incorporated into the Swedish constitution from 1809.

In India

In India, the ombudsman is known as 'Lokpal' or 'Lokayukata'. The concept of constitutional ombudsman was first proposed by the then Law Minister Ashok Kumar Sen in Parliament in the early 1960s. The term 'Lokpal' and 'Lokayukta' were coined by Dr L.M.Singhvi as the Indian model of ombudsman for the redressal of public grievances, it was passed in Loksabha in the year 1968 but it lapsed with the dissolution of Lok Sabha and since then has lapsed in the Lok Sabha many times.

Need For Lokpal

• Lack of independence for most of our agencies like CBI, state vigilance departments, internal vigilance wings of various departments, Anti-corruption Branch of state police, etc.
• Bodies like CVC or Lokayuktas are independent, but they do not have any powers. They have been made advisory bodies.
• In addition, there is the problem of internal transparency and accountability of these anti-corruption agencies.

Lokpal and Lokayukta Act, 2013

The Bill was tabled in the Lok Sabha on 22 December 2011 and was passed by the House on 27 December as The Lokpal and Lokayuktas Bill, 2011. It was subsequently tabled in the Rajya Sabha on 29 December. After a marathon debate that stretched until midnight of the following day, the vote failed to take place for lack of time. On 21 May 2012, it was referred to a Select Committee of the Rajya Sabha for consideration. It was passed in the Rajya Sabha on 17 December 2013 after making certain amendments to the earlier Bill and in the Lok Sabha the next day. It received assent from President Pranab Mukherjee on 1 January 2014 and came into force on 16 January 2014.

Salient features of The Lokpal and Lokayuktas Act, 2013

1. The Lokpal and Lokayuktas Act, 2013 provided for Lokpal at the centre having jurisdiction of trying cases of corruption against all Members of Parliament and central government employees. The Lokayuktas have functions similar to the Lokpal, but they function on a state level.
2. The office of the Lokpal and Lokayuktas deals with charges of corruption against any public official and includes the office of the Prime Minister but with reasonable safeguards.
3. The Act provides that all states set up the office of the Lokpal and/or Lokayukta within one year from the commencement of the said Act. On the other hand, Lokpal will consist of a Chairperson and a maximum of eight members, of which 50% will be judicial members, 50% members of Lokpal shall be from SC/ST/OBCs, minorities and women.
4. The newly enacted Lokpal Act provides for confiscation and attachment of any property of any government official which he or she has come to own through corrupt practices and the same can be done during the pendency of proceedings against the said official.
5. The Lokpal Act mandates that all public officials should furnish the assets and liabilities of themselves as well as their respective dependents.

Powers of Lokpal

1. It has powers to superintendence over, and to give direction to CBI.

2. If it has referred a case to CBI, the investigating officer in such case cannot be transferred without the approval of Lokpal.

3. Powers to authorize CBI for search and seizure operations connected to such cases.

4. The Inquiry Wing of the Lokpal has been vested with the powers of a civil court.

5. Lokpal has powers of confiscation of assets, proceeds, receipts and benefits arisen or procured through corruption in special circumstances.