Centre Considers Revising Lokpal Act For Better Enforcement

NEW DELHI: The law governing the functioning of the anti-corruption ombudsman Lokpal needs modifications to “check any scope of discretion” and ensure proper enforcement, government sources said on Sunday.

According to the sources, there is a “strong feeling” in certain quarters of the government that some provisions of the Lokpal and Lokayuktas Act, 2013 should be reconsidered, given that the law was enacted over a decade ago.

The Act came into force on January 1, 2014, after receiving Presidential assent, but the Lokpal began functioning only on March 27, 2019, following the appointment of its chairperson and members. The Lokpal is currently headed by former Supreme Court judge Justice Ajay Manikrao Khanwilkar and can have up to eight members, four judicial and four non-judicial.

“There is a strong feeling in certain quarters of the government to reconsider some provisions of the Lokpal Act to check any scope of discretion and ensure proper enforcement,” a source said.

One concern raised relates to the functioning of benches. The present chairperson has opted to hear cases through a single bench comprising all members and headed by him. However, the law provides for multiple benches with two or more judicial and non-judicial members to decide corruption complaints.

Section 16(1)(b) of the Act states: “A bench may be constituted by the chairperson with two or more members as the chairperson may deem fit.”

Further, Section 17 empowers the chairperson to distribute business among various benches and specify matters to be handled by each bench.

Sources noted that former Lokpal chairperson Justice (Retd.) Pinaki Chandra Ghose did constitute benches to decide complaints, whereas the current chairperson has refrained from doing so, slowing down the disposal of corruption cases.

Another issue cited is the discretionary use of Section 20, which deals with preliminary inquiry and investigation procedures. The Act empowers the Lokpal to investigate an accused immediately upon receiving a complaint.

However, unlike the Lokpal, agencies such as the Central Bureau of Investigation (CBI) and the Central Vigilance Commission (CVC) do not examine individuals during the preliminary inquiry stage. Instead, they conduct discreet checks first to ensure there is prima facie ground for a detailed investigation.

Sources said the Lokpal’s deviation from this practice has resulted in a risk of reputational harm to individuals.