Q38. ‘A national Lokpal, however strong it may be, cannot resolve the problems of immorality in public affairs.’ Discuss. GS-II: POLITY (UPSC CSE 2013) (250 WORDS,15 MARKS)

Answer.

THE INTRODUCTION:

The institution of Lokpal, envisaged as a robust anti-corruption watchdog, has been hailed as a panacea for addressing graft in public life. However, the Lokpal’s limited jurisdiction confines its scope to investigating instances of corruption, leaving a vast spectrum of unethical conduct and immorality in public affairs unaddressed.

THE BODY:

MANDATE OF LOKPAL

Jurisdiction

• • The Lokpal has jurisdiction over the Prime Minister (with specific exceptions related to national security, international relations, public order, atomic energy, and space).
  • Union Ministers and Members of Parliament (except in matters related to speeches or votes in Parliament).
  • Groups A, B, C, and D officers and officials of the Central Government.
  • Chairpersons, members, officers, and directors of any board, corporation, society, trust, or autonomous body established by an Act of Parliament or funded by the Centre.
  • NGOs receiving foreign contributions above ₹10 lakh per year under the Foreign Contribution Regulation Act (FCRA).

Investigation and Prosecution

• • Lokpal has the power to conduct preliminary inquiries into complaints of corruption against public officials through its Inquiry Wing.
  • If necessary, investigations should be ordered by agencies such as the CBI (Central Bureau of Investigation). The Lokpal has supervisory powers over the CBI in cases referred to it.
  • Prosecute public servants found guilty of corruption through its Prosecution Wing. It can file charges before Special Courts set up under the Act.
  • Attach or confiscate properties acquired through corrupt means even before prosecution is completed.

Asset Disclosure

• • Public officials under Lokpal’s jurisdiction are required to declare their assets and liabilities annually, including assets held by their dependents.

Selection and Composition

• • The Lokpal is a multi-member body consisting of One Chairperson (a former Chief Justice of India, a Supreme Court Judge, or an eminent person with expertise in anti- corruption policy).
  • There can be up to eight members, half of whom must be judicial members (former judges). At least 50% must belong to SC/ST/OBCs, minorities, or women.
  • The president appoints the Chairperson and members based on recommendations from a selection committee that includes the Prime Minister, Speaker of the Lok Sabha, Leader of Opposition in the Lok Sabha, Chief Justice of India (or a Supreme Court judge nominated by CJI), and an eminent jurist nominated by these members.

• • Deep-Rooted Cultural Acceptance of Corruption: There’s a cultural acceptance that giving and taking bribes is part of getting things done. Transparency International’s Global Corruption Barometer (2023) reported that 39% of Indians had paid bribes in the previous year to access public The Lokpal addresses corruption at higher levels but cannot change societal norms and attitudes that accept or even encourage corruption at grassroots levels.
  • Systemic Socio-Economic Inequalities: Widespread poverty and lack of opportunities can compel individuals to engage in corrupt practices for Disparities in wealth and access to services create environments where corruption can thrive. The Lokpal cannot address the underlying economic inequality that lead to corruption. To tackle these issues, structural reforms in economic policies are required.
  • Political Patronage and Criminalization of Politics: Individuals with criminal backgrounds often enter politics, influencing policies and administration. Political leaders use their power to distribute favors, undermining meritocracy and fairness. Association for Democratic Reforms (ADR) Report (2024), 46% of Members of Parliament elected in 2024 faced criminal The Lokpal has limited jurisdiction over elected representatives and cannot prevent individuals with criminal backgrounds from contesting elections. Electoral reforms are needed to address this issue.
  • Weak Enforcement of Laws and Judicial Delays: While the Lokpal can initiate investigations, it relies on the judiciary for prosecution and conviction. Systemic judicial reforms are necessary to expedite corruption cases. Over 40 million cases are pending in Indian courts. The conviction rate in corruption cases is low due to prolonged trials and weak prosecution.
  • Lack of Ethical Education and Value-Based Systems: Rapid modernization and materialism have contributed to the decline of traditional ethical values. The Lokpal cannot influence educational curricula or societal Initiatives in education policy and societal reform are required to instill ethics.
  • Inadequate Transparency and Accountability Mechanisms: Despite the RTI Act, there are barriers to accessing information, including delays and denial of requests. The Lokpal cannot overhaul administrative procedures to enhance transparency. Administrative reforms are necessary to simplify procedures and increase openness.
  • Political Interference in Bureaucracy: The Lokpal cannot prevent political interference in day-to-day administration. Strengthening civil service protections and ensuring bureaucratic autonomy are needed. Politicians often interfere in administrative matters, affecting the independence and integrity of bureaucrats.
  • Inadequate Protection for Whistleblowers: The Whistle Blowers Protection Act, 2014 lacks comprehensive protection measures and has not been effectively operationalized. The Lokpal cannot protect whistleblowers at all levels. Robust legal frameworks and enforcement are required to safeguard whistleblowers.
  • Influence of Money and Muscle Power in Elections: Candidates spend vast sums, often beyond legal limits, leading to reliance on illicit Intimidation and violence undermine the democratic process. The Lokpal does not have jurisdiction over electoral processes. Comprehensive electoral reforms are necessary to curb the influence of money and muscle power.
  • Globalization and Cross-Border Corruption: Corrupt practices often involve international transactions, offshore accounts, and foreign entities. Panama Papers Leak (2016) exposed how individuals hid wealth overseas, involving Indian entities. Lokpal’s authority is limited to national To tackle cross-border corruption, international cooperation and robust financial regulations are needed.
  • Moral Disengagement: Individuals rationalize unethical behavior due to peer pressure or perceived norms. Immediate benefits often outweigh considerations of integrity. The Lokpal cannot influence individual psychology or behavioral tendencies. Societal change and emphasis on ethical conduct are required.

INSTANCES WHERE LOKPAL HAS FAILED TO ADDRESS THE CORRUPTION:

• • Issues like conflict of interest, abuse of power, nepotism, and dereliction of duty often fall outside its purview. For instance, The Lokayukta in Karnataka could not investigate allegations of corruption against the Chief Minister in the illegal mining scam, as the Chief Minister’s office was excluded from its jurisdiction.
  • The Lokayukta of Himachal Pradesh was removed in 2017 after he indicted an IAS officer close to the Chief Minister in a corruption case.
  • Political interests can influence the Lokpal’s composition and functioning. In 2011, the Lokayukta of Uttarakhand resigned, citing interference from the state government in his investigations into corruption cases involving ministers and bureaucrats.
  • Unless there is evidence of direct corruption by public servants, the Lokpal may be unable to investigate such cases involving private entities. In 2022, there were allegations of links between politicians, bureaucrats, and organized crime syndicates involved in activities like money laundering and extortion in Punjab.
  • In 2021, a Union Minister was accused of abusing their power by pressuring government officials to clear files related to their relatives’ businesses. While unethical, the Lokpal’s jurisdiction is limited to specific corruption offenses under the Prevention of Corruption Act, and it could not act in such cases of abuse of power.
  • In 2022, the former Chief Minister of Karnataka was accused of conflict of interest for allegedly favoring certain companies in awarding government contracts and projects related to the Bangalore Metro Rail Corporation Limited (BMRCL). Since there was no evidence of direct corruption or bribery, the Lokpal could not investigate this case as it fell outside its purview.

THE CONCLUSION:

Political and bureaucratic leadership must lead by example and demonstrate the highest standards of ethical conduct. Ensuring robust legal protection and incentives for whistleblowers can encourage people to report unethical practices without fear of reprisal. While Lokpal can play a crucial role in addressing corruption, a holistic approach involving legal, institutional, educational, and societal measures is necessary to comprehensively tackle the broader problems of immorality in public affairs.