Mains Daily Question
Jan. 23, 2024

Q3. Lokpal and lokayuktas, despite having powers, are not able to realise their mandate and thus have become clawless tiger. Discuss the issues and suggest measures to be taken to revive the institutions.(10M, 150W)

Model Answer

Approach to the answer: 

Understanding and structuring the answer: 

The question has two main headings: 1) Issues with the functioning of Lokpal/Lokayuktas and 2) Measures required to revive the institutions. Additionally, provide a case study for a comprehensive answer. 

Introduction: 

Type 1: Briefly state the significance of Lokpal and lokayuktas and quote an observation from a report.  

Type 2: Mention related law and the objective of their formation. 

Body: 

Heading 1: Issues with the functioning of Lokpal/Lokayuktas: Mention underlying issues with their functioning. 

Heading 2: Measures required to revive the institutions: Suggest measures for revival. For value addition, use institutional data, report findings, etc.  

Optional: Provide some insights with a case study.    

Conclusion: Give a forward-looking conclusion –  

Type 1: Mention the importance of such institutions for transparent and accountable governance.  

Type 2: Some suggestions from the case study can be used for the conclusion. 

 

Answer: The institutions of Lokpal and Lokayuktas at the Centre and States, respectively, are established under the Lokpal and Lokayuktas Act (2013) to address the corruption issues and charges against the public officials including the Prime Minister. However, the failure to realize their full potential has rendered them ineffective and powerless. 

Issues with the functioning of Lokpal/Lokayuktas 

  • Lack of constitutional backing with political interference cause delayed appointment, budgetary constraints, etc., leading to inefficient performance of Lokpal and Lokayuktas. 
  • For example: As the selection committee consists of members of political parties, it may lead to manipulation in appointments. 
  • Lack of autonomy such as limited decision-making power leads to delay in investigation and timely action against corruption. 
  • For example: Lokpal cannot Suo moto proceed against any public servant; many Lokayuktas are working without a prosecution wing and special court. 
  • Lack of political will to implement the recommendations of Lokayuktas. 
  • For example: Lokayuktas in almost all states are deliberately weakened by inadequate infrastructure, budget and workforce. (Transparency International India Report 2020) 
  • Inherent incapability of the law like lack of transparency and sufficient enforcement power makes it toothless.  
  • For example: Provisions of heavy punishments for false complaints, non-acceptance of anonymous complaints and seven-year limitation on filing a complaint.  
  • Other issues include lack of digitalisation, exclusion of judiciary from the purview, restrictive impositions on civil society organisations, non-alignment of states’ laws with the central act, bureaucratic hurdles, etc.  

Measures required to revive the institutions 

  • Strengthening of legal framework by the means of amendment of the act is needed to provide these institutions sufficient enforcement powers, resources and autonomy to function effectively. 
  • Imposing criminal culpability for government interference in the functioning of Lokpal and lokayuktas could be utilised.  
  • Developing own dedicated cadre of officers who are not bothered about deputation and abrupt transfers. This is possible with the delegation of power and adequate resource allocation. 
  • Bringing uniformity in the lokayuktas’ mechanisms for all states; Karnataka and Kerala Lokayukta Acts could be considered as model state laws. (Transparency International) 
  • Accountability mechanisms to ensure that Lokpal and Lokayukta members are held accountable for their actions. An independent oversight body in place can help.  

  

 

Case Study- Singapore enjoys a well-earned reputation for a high level of incorruptibility. The success of Singapore in fighting corruption is the result of an effective corruption control framework with its four key pillars of laws, adjudication, enforcement and public administration, underpinned by political will and leadership. 

 

Lokpal and Lokayukta in India require urgent attention to fulfil their mandate. Efforts must be made to strengthen these institutions, reduce political interference and ensure adequate resources to promote transparency, accountability and good governance.

Subjects : Polity
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