How is Lokpal appointed, and what are the scope and functions of Lokpal?

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Points to Remember:

  • Lokpal’s appointment process involves a selection committee.
  • Lokpal’s scope encompasses investigating corruption complaints against public servants.
  • Lokpal’s functions include inquiry, investigation, and prosecution.

Introduction:

The Lokpal, meaning “ombudsman” or “citizen’s protector,” is an anti-corruption institution established in India to investigate allegations of corruption against public servants. Its establishment was a landmark achievement, fulfilling a long-standing demand for greater transparency and accountability in governance. The Lokpal and Lokayuktas Act, 2013, outlines its structure, powers, and functions. The Act aimed to address the pervasive issue of corruption, which undermines public trust and hinders development. While the institution has faced challenges since its inception, its existence represents a significant step towards strengthening India’s fight against corruption.

Body:

1. Appointment of Lokpal:

The Lokpal is appointed by the President of India on the recommendation of a selection committee. This committee comprises:

  • The Prime Minister (Chairperson)
  • The Speaker of the Lok Sabha
  • The Leader of the Opposition in the Lok Sabha
  • The Chief Justice of India or a Supreme Court judge nominated by him/her
  • An eminent jurist nominated by the President.

The selection committee prepares a panel of names, and the President chooses the Lokpal from this panel. The process is designed to ensure a degree of independence and impartiality in the selection. However, the inclusion of the Prime Minister has been a point of contention, raising concerns about potential political influence.

2. Scope of Lokpal:

The Lokpal’s jurisdiction extends to:

  • All public servants, including Ministers, Members of Parliament, and government officials.
  • Certain categories of private individuals if their actions are linked to corruption involving public servants.

The Act, however, excludes certain categories of individuals from the Lokpal’s purview, such as the President, the Governor, the Chief Justice of India, and judges of the Supreme Court and High Courts. This exclusion has been criticized as a limitation on the Lokpal’s effectiveness.

3. Functions of Lokpal:

The primary functions of the Lokpal include:

  • Receiving complaints: The Lokpal receives complaints regarding corruption against public servants.
  • Inquiry and investigation: It conducts preliminary inquiries and, if necessary, full-fledged investigations into the allegations.
  • Prosecution: The Lokpal can prosecute public servants found guilty of corruption.
  • Recommendation: It can recommend disciplinary action or other appropriate measures against corrupt officials.
  • Prevention: The Lokpal also plays a role in preventing corruption through awareness campaigns and suggesting reforms.

Challenges and Criticisms:

The Lokpal has faced several challenges since its inception. These include:

  • Limited powers: Some argue that the Lokpal’s powers are not extensive enough to effectively tackle widespread corruption.
  • Lack of independence: Concerns persist regarding the potential for political influence in its functioning.
  • Slow process: The investigation
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and prosecution processes have been criticized for being slow and cumbersome.
  • Implementation gaps: Effective implementation of the Act requires robust mechanisms and cooperation from various agencies.

    • Conclusion:

    The Lokpal’s appointment process, though designed to ensure impartiality, remains subject to debate regarding potential political influence. Its scope and functions, while significant, are not without limitations. The institution’s effectiveness is hampered by challenges related to its powers, independence, and procedural delays. To enhance the Lokpal’s efficacy, several measures are necessary. These include strengthening its independence through structural reforms, streamlining its investigative processes, and enhancing its powers to effectively prosecute corrupt officials. Furthermore, a comprehensive public awareness campaign is crucial to encourage greater citizen participation in reporting corruption. By addressing these challenges, India can strengthen the Lokpal’s role as a vital institution in the fight against corruption and promote good governance, ultimately contributing to a more just and equitable society. A robust and independent Lokpal is essential for upholding constitutional values and ensuring holistic development.

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