Lokpal forms Inquiry Wing to probe graft cases against public servants

Decade After Law Enacted, Lokpal Forms Inquiry Wing To Probe Graft Cases  Against Public Servants - Daily Excelsior

Context

Anti-corruption ombudsman Lokpal has constituted an inquiry wing for conducting preliminary probe into graft-associated offenses committed by public servants.

Inquiry Wing of Lokpal

  • To discharge its statutory features, Section 11 of the Lokpal and Lokayuktas Act 2013, obligates the Lokpal to constitute an inquiry wing.
  • The cause of the wing is accomplishing preliminary inquiry into any offense punishable under the Prevention of Corruption Act, 1988, speculated to have been devoted by the desired public servants and functionaries.
  • The Lokpal chairperson has been authorized to commence the selection process for appointment of a specified number of suitable persons as officers and staff required to provide logistical assistance in the inquiry wing.

Structure of the Inquiry Wing

  • The bench of the Lokpal had accepted organogram imparting for the staffing sample and distinct number of suitable officers and body of workers for the inquiry wing.
  • According to the organogram, there could be a Director of Inquiry under the Lokpal chairperson.
    • The director might be assisted by 3 Superintendents of Police (SPs) — SP (popular), SP (financial and banking)  and SP (cyber). 
    • Each SP can be in addition assisted by inquiry officials and other staff.

Issue with Lokpal

  • Operational Delays: Operational performance is hampered by delays in appointments. For instance, there has been a 21-month delay in appointing a new Lokpal after the post fell vacant in May 2022.
    • Although the Lokpal Act was enacted in 2014, the organization only became functional in 2019, which displays large delays in its operationalization. 
  • Pending Complaints: According to latest data, the Lokpal has a backlog of pending complaints. As of July 2024, 52 graft-related proceedings had been nonetheless looking ahead to motion, indicating that the organization struggles to manipulate its caseload efficiently.
  • Jurisdictional Conflicts: Overlapping jurisdictions with different vigilance groups purpose conflicts, developing confusion over authority and responsibility in investigations, which delays movement towards corrupt officials.
  • Prosecution Wing Not Constituted: Despite the availability inside the Lokpal Act for putting in a prosecution wing headed by a Director of Prosecution, this has but to be constituted.
  • Political Influence and Interference: The Lokpal’s appointment committee includes members from political parties, which raises issues of political interference.
  • Ambiguity in Selection of Eminent Jurists: The indistinct criteria for appointing “eminent jurists” and “persons of integrity” can be manipulated to choose political alternatives.
  • No Constitutional Backing: The Lokpal lacks constitutional popularity, which weakens its institutional authority and durability.

Way Forward

  • The Lokpal remains a large organization in India’s combat towards corruption. An effective and unbiased Lokpal can play a pivotal position in fostering a culture of transparency and responsibility in the Indian authorities. 
  • By addressing the challenges and imposing important reforms, India can maximize the effectiveness of this crucial anti-corruption group.
  • There is a need to furnish more powers to the Lokpal to independently initiate investigations, implement prosecutions, and enforce punishments to decorate its effectiveness.

Source: PIB

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