New Delhi: A Parliamentary Committee has emphasised the urgent need to fully operationalise the inquiry and prosecution wings of the Lokpal, the country’s anti-corruption ombudsman, to ensure it can effectively perform its statutory mandate without further delay. The recommendation comes nearly a decade after the Lokpal and Lokayuktas Act, 2013, was notified, highlighting persistent gaps in the institution’s functioning.

The Lokpal and Lokayuktas Act, 2013, which came into force on January 1, 2014, provides for the establishment of an independent body to investigate allegations of corruption against public officials, including the Prime Minister, ministers, and Members of Parliament. However, the institution began functioning only on March 27, 2019, following the appointment of its chairperson and members. While the Lokpal has been active in receiving complaints and taking preliminary action, its full potential has remained constrained due to incomplete operationalisation of its statutory wings.

Section 11 of the Act mandates the Lokpal to constitute an inquiry wing, headed by a director of inquiry, to carry out preliminary inquiries into corruption-related offences. Separately, the Act provides for the establishment of a prosecution wing, led by a director of prosecution, to handle the prosecution of public servants once preliminary inquiries are completed and sufficient evidence is gathered. These wings are central to the Lokpal’s functioning, as they ensure that both investigation and prosecution processes remain in-house, enhancing autonomy, speed, and accountability.

The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, in its 159th report tabled in the Rajya Sabha on Thursday, noted that interim arrangements had been made through deputation of officers from other departments. “Operationalisation of these statutory wings remains incomplete,” the report stated, noting that reliance on temporary arrangements undermines the effectiveness and credibility of the institution.

Highlighting its earlier recommendation that both wings be fully constituted within six months, the committee reiterated that urgent steps should be taken to appoint regular officers or continue deputation arrangements in a structured and sustainable manner. “This is essential for the Lokpal to discharge its statutory mandate effectively without further delay,” the report said.

According to the report, the Lokpal constituted its inquiry wing on September 5, 2024. It is also exploring the option of appointing serving officers on deputation, in line with legislative intent, to ensure that inquiries are conducted by officers within the institution rather than relying entirely on external agencies. While this is a step in the right direction, the committee emphasised that interim measures alone cannot substitute for fully constituted, permanent wings with dedicated personnel.

Regarding the prosecution wing, the committee noted that while the full bench of the Lokpal has resolved to establish it, progress has been limited due to the small number of cases currently before the courts. However, the committee stressed that statutory compliance cannot be contingent upon the number of pending cases and urged that the prosecution wing be set up expeditiously. The report also underlined that the existence of a prosecution wing is crucial not only for ensuring the legal follow-through of investigations but also for building public confidence in the institution’s ability to act decisively against corruption.

The committee further sought updates on the status of the Lokpal’s request to the Department of Personnel & Training (DoPT) for the notification of a special court under Section 35 of the Act. Such a court is intended to exclusively hear cases arising from the Prevention of Corruption Act, 1988, thereby ensuring speedy trials and reducing delays in adjudicating cases handled by the Lokpal. The committee’s request signals a continued focus on strengthening the institutional framework that supports both inquiry and prosecution processes.

The report’s recommendations carry significant weight as India continues to grapple with corruption challenges at multiple levels of governance. By operationalising the Lokpal’s inquiry and prosecution wings fully, the government would not only enhance the efficiency of investigations but also reinforce the principle of accountability in public service. The committee’s insistence on immediate action reflects the urgency of equipping the Lokpal with all tools necessary to perform its statutory mandate, ensuring that corruption complaints are investigated and prosecuted swiftly and independently.

The Lokpal and Lokayuktas Act, 2013, remains a landmark legislation aimed at creating an autonomous, statutory mechanism to fight corruption in the higher echelons of government. However, the continued delays in operationalising its inquiry and prosecution wings have constrained its impact. The committee’s recommendations underscore the need for both political will and administrative diligence to ensure that the Lokpal becomes fully functional and capable of fulfilling its promise of accountability, transparency, and justice in the public domain.

---