Inquiry Wing Constituted by Lokpal

The Lokpal has by an order constituted an inquiry wing for conducting preliminary probe into graft-related offences committed by public servants.

Key Highlights of the Notification

• Legal Provision: Section 11 of The Lokpal and Lokayuktas Act 2013 mandates the constitution of an inquiry wing to conduct preliminary inquiry into any offence punishable under the Prevention of Corruption Act, 1988 by the specified public servants and functionaries.
• The Inquiry wing will be made a part of the judicial wing of the Lokpal
• Approved Organogram: An “organogram” which provides for the staffing pattern has been approved. It specifies the number of suitable officers and staff required for the inquiry wing
  • Director of Inquiry: It shall function under the Lokpal chairperson. 
  • Assistance: The director will be assisted by three Superintendents of Police ie. 
    • SP (general), SP (economic and banking)  and SP (cyber). 
    • Each SP will be further assisted by inquiry officers and other staff.

Enroll now for UPSC Online Course

About Lokpal

• Establishment: The Institution of Lokpal (Constitutional Ombudsmen) is a statutory body which was established by the Lokpal and Lokayuktas Act 2013.
  • The institution of ombudsman is based on the doctrine of administrative accountability to legislature
• Background: The Institution of Lokpal has its origin in the ‘India Against Corruption Movement’ led by Anna Hazare. However the term Lokpal and Lokayukta were first coined by Dr. L. M. Singhvi
• First Lokpal: Former Supreme Court judge and a member of the National Human Rights Commission Shri. Pinaki Chandra Ghose, was India’s first anti-corruption ombudsman
• Appointment Process: 
  • The members of the Lokpal are appointed by the President on the recommendation of the Selection Committee, which is further recommended by a search committee.
    • The Selection Committee: It consists of the Prime Minister who is the Chairman, Speaker of Loksabha, Leader of the Opposition party, or Chief Justice of India.
• Composition: Lokpal is a multi-member body that consists of one chairperson and a maximum of 8 members (1+8)
  • Chairperson: He/She should either be a former Chief Justice of India or the former Judge of Supreme Court or, 
    • An eminent person having special knowledge and expertise of minimum 25 years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.
  • Members: Half of the maximum 8 members will be judicial members and minimum 50% of the Members will be from SC/ ST/ OBC/ Minorities and women.
    • The Judicial Member: He/She should either be a former Judge of the Supreme Court or a former Chief Justice of a High Court.
    • Non-Judicial Members: There are four non-judicial members who are people with integrity and ability, and at least 25 years of experience in anti-corruption, public administration, finance, law, and management.

• • • • Tenure: The term of office for Lokpal Chairman and Members is 5 years or till the age of 70 years.
      • Jurisdiction: It includes the Prime Minister, Ministers, members of PARLIAMENT, Groups A, B, C and D officers and officials of the Central Government.
  • Exception to PM: The Prime Minister is well within the Lokpal’s Jurisdiction  except on allegations of corruption relating to international relations, security, the public order, atomic energy and space.
  • Complaints against the PM are not to be probed unless the full Lokpal bench considers the initiation of inquiry and at least 2/3rds of the members approve.
• Powers and Functions:
  • Preliminary Inquiry: The Lokpal may order a preliminary inquiry by its Inquiry Wing or refer it for investigation to other agency like the CBI and CVC (complaints regarding to Central government servants) if a complaint pertains to an offence under the Prevention of Corruption Act, 1988 against a public servant.
    • The  Lokpal has to determine whether a prima facie case exists.
  • Time based inquiry: The Inquiry Wing or any other agency will have to complete its preliminary inquiry and submit a report to the Lokpal within 60 days.
    •  The powers comes under the Civil Procedure Code for the purpose of conducting preliminary inquiry & investigation
  • The Lokpal after receiving the preliminary inquiry report can order a full investigation, or direct to start departmental proceedings or close the proceedings.
  • Prosecution Wing: A Bench of at least three members will consider the report and may grant sanction to the Prosecution Wing to proceed against the public servant based on the agency’s charge-sheet.
  • Search, Seizure and Attachment Powers: The Lokpal is vested with the power of search and seizure and power of attachment of assets and taking other steps for eradication of corruption.
  • Superintendence: Lokpal will have power of superintendence and direction over any central investigation agency including CBI for cases referred to them by the Lokpal.

Check Out UPSC NCERT Textbooks From PW Store

Challenges in the Functioning of Lokpal

• The  Prosecution Wing to be headed by the “Director of Prosecution” of the Lokpal Act for the purpose of prosecution of public servants is yet to be constituted
• Vacancies: The Lokpal has a vacancy of two members one each judicial and a non-judicial as of now with important post like that of Director of Inquiry and Director of Prosecution being vacant
• Slow Investigations: As of July 2024, there were 82 graft-related complaints and of these only 32 were disposed and 52 were pending

Way Forward

• The institution of Lokpal needs to be strengthened both in terms of functional autonomy and availability of manpower for efficient functioning.
• Appointments: The appointment to the post of Director of Inquiry and Prosecution needs to be filled as soon as possible for speedy trial of cases.
• Financial and Administrative Independence: Lokpal and Lokayukta in the role of constitutional ombudsmen needs to be financially, administratively, and legally independent so as to prevent conflict of interest.

Enroll now for UPSC Online Classes

DOWNLOAD PDF