Introduction:

The Indian Lokpal, established under the Lokpal and Lokayuktas Act, 2013, is a crucial institution aimed at tackling corruption among public officials. Recently, it has strengthened its capacity to address graft-related offences through the creation of an Inquiry Wing. This article outlines the key highlights of this new wing, the necessity for its establishment, and the broader context of Lokpal’s functioning and challenges.

Key Highlights of the Inquiry Wing of Lokpal:

1. Legal Foundation: The Inquiry Wing is mandated by Section 11 of the Lokpal and Lokayuktas Act, 2013, which requires the Lokpal to establish this body to conduct preliminary inquiries into offences under the Prevention of Corruption Act, 1988, involving specified public servants and functionaries.
2. Organisational Structure: The Inquiry Wing will be led by a Director of Inquiry, reporting directly to the Lokpal Chairperson. The Director will be supported by three Superintendents of Police (SPs)—one each for general matters, economic and banking issues, and cyber-related inquiries. Each SP will have a team of inquiry officers and additional staff.
3. Preliminary Inquiry Timeline: The wing is required to complete its preliminary inquiries and submit a detailed report to the Lokpal within 60 days. This report must include feedback from the public servant in question and the relevant competent authority.
4. Future Prosecution Wing: While the Inquiry Wing has been established, the Lokpal’s Prosecution Wing, which would handle the prosecution of public servants, is yet to be constituted.

Need for the Inquiry Wing:

1. Effective Preliminary Inquiries: The Central Vigilance Commission (CVC) has highlighted the need for an independent authority to conduct preliminary inquiries into corruption allegations. The Inquiry Wing of the Lokpal addresses this need by providing a dedicated body for this purpose.
2. Independence in Investigations: As an autonomous body, the Inquiry Wing can reduce biases and conflicts of interest that may arise in politically sensitive cases, offering a more impartial investigation process compared to agencies like the Central Bureau of Investigation (CBI).
3. Strengthening Accountability and Public Trust: The establishment of this wing aligns with the recommendations of the Second Administrative Reforms Commission (ARC), which advocated for enhanced anti-corruption institutions and improved inter-agency coordination.
4. Global Concerns on Corruption: International indices, such as those by Transparency International, stress the need for robust and independent anti-corruption mechanisms. The Inquiry Wing represents a significant step towards addressing these global concerns by improving India’s transparency and governance frameworks.
5. Filling Existing Gaps: The 2011 Public Accounts Committee (PAC) Report noted limitations in the current anti-corruption framework. The Inquiry Wing aims to address these gaps by providing a specialized mechanism for preliminary investigations, free from administrative and political influence.

Challenges Faced by the Lokpal:

1. Delayed Infrastructure: The Inquiry Wing has been established only after a decade, and the Prosecution Wing remains pending. This delay impacts the Lokpal’s effectiveness in combating corruption comprehensively.
2. Exclusion Clause: The Lokpal Act excludes employees of State Governments unless they are involved with Union affairs, which limits the scope of the Lokpal’s authority.
3. Ambiguities with CBI: There are uncertainties regarding the extent of Lokpal’s supervisory powers over the CBI, particularly for high-level public officials, which needs clarification.
4. Personnel Shortage: The Lokpal currently faces vacancies in key positions, such as one judicial and one non-judicial member, hindering its operational efficiency.
5. Dependence on External Agencies: The Lokpal’s reliance on external agencies like the CBI and police for investigations can undermine its independence and effectiveness.
6. Lack of Oversight: There is no dedicated oversight mechanism to monitor the Lokpal’s functioning, which could impact its accountability and transparency.

Way Forward:

1. Expedite Wing Formation: The government should prioritize completing the constitution of both the Inquiry and Prosecution Wings by addressing the current vacancies and establishing the necessary infrastructure.
2. Clarify Relations with CBI: Clear guidelines should be developed regarding the Lokpal’s supervisory powers over the CBI and coordination with other agencies like the Enforcement Directorate (ED) and CVC.
3. Adopt Global Best Practices: India should implement best practices from countries with strong anti-corruption frameworks to enhance its own mechanisms for whistleblower protection and corruption reporting.
4. Implement Recommendations: Active consideration and implementation of recommendations from committees like the Second Administrative Reforms Commission will help improve the Lokpal’s effectiveness and operational efficiency.

Conclusion:

The establishment of the Inquiry Wing represents a significant step in bolstering India’s fight against corruption. By addressing the current challenges and enhancing its operational framework, the Lokpal can better fulfill its mandate of ensuring transparency and accountability among public officials.