A law governing the anti-corruption ombudsman — The Lokpal and Lokayuktas Act 2013 — came into force on January 1, 2014. However, it began functioning only on March 27, 2019, following the appointment of its chairperson and members.
To discharge its statutory functions, Section 11 of the Act obligates the Lokpal to constitute an inquiry wing to be headed by a director of inquiry for the purpose of conducting preliminary inquiry into any offence punishable under the Prevention of Corruption Act, 1988, alleged to have been committed by the specified public servants and functionaries.
The Lokpal Act also has a provision for the constitution of a prosecution wing headed by the ‘director of prosecution’ for the prosecution of public servants found guilty of corruption.
The DoPT informed the Committee that the constitution of the inquiry wing and prosecution wing of Lokpal is under consideration, the report said.
Pending their constitution, the functions related to these wings are carried out through other agencies like the Central Vigilance Commission (CVC) and Central Bureau of Investigation (CBI), it said. The Committee noted the delay in constituting the inquiry and prosecution wings of the Lokpal “which hampers its ability to function independently and efficiently as mandated by the Lokpal and Lokayuktas Act, 2013”. Currently, reliance on external agencies like the CVC and CBI for investigations and prosecutions can lead to procedural delays, coordination challenges, and potential conflicts of interest, it said.
The absence of dedicated wings weakens the Lokpal’s institutional framework and affects public trust in its ability to handle corruption cases effectively, the report said.
“The Committee, therefore, recommends that the department may take urgent steps to constitute the inquiry and prosecution wings of Lokpal, preferably within a period of six months. The structure, staffing, and jurisdiction of these wings should be well defined,” it added.
Until these wings become fully operational, a dedicated coordination mechanism may be set up with the CVC and the CBI to streamline the ongoing cases, the panel said.
The panel, headed by BJP Rajya Sabha member Brij Lal, also recommended a structured mechanism to ensure timely submission of comments by public servants and competent authorities for in-time completion of preliminary inquiries under the Lokpal and Lokayuktas Act, 2013.
“A fixed timeline may be enforced strictly for response submission, with automatic escalation for non-compliance. Digital platforms should be implemented for secure and real-time submission of comments to minimise procedural delays. A dedicated monitoring unit within the Lokpal may track compliance, issue reminders, and report persistent delays,” it said.
