Law Optional 2023 Paper I solved

Discuss the objectives of the establishment of Lokpal and Lok Ayukta, and their powers and functions under the Lokpal and Lok Ayuktas Act, 2013. Examine the effectiveness of the said Act.

Verified Answer

Core Legal Answer & Context: The Lokpal and Lok Ayuktas Act, 2013, aims to establish independent ombudsman bodies—Lokpal at the Union level and Lok Ayuktas at the State level—to inquire into allegations of corruption against public functionaries. Its primary objectives are to combat corruption, promote good governance, enhance transparency, and ensure accountability in public administration. These institutions provide a robust mechanism for citizens to report corruption and ensure timely investigation and prosecution of offenders. Relevant Statutes and Sections: The Lokpal and Lok Ayuktas Act, 2013, is the governing statute. Key provisions include:

  • Jurisdiction over the Prime Minister (with specific safeguards), Union Ministers, Members of Parliament, and Group A, B, C, D officers of the Central Government.
  • Power to inquire into allegations of corruption under the Prevention of Corruption Act, 1988.
  • Conferment of powers of a civil court, power to attach assets, recommend transfer/suspension of public servants, and give directions for prosecution.
  • Establishment of an independent Inquiry Wing for investigation and a Prosecution Wing for prosecuting cases. Important Landmark Cases:
  • Common Cause v. Union of India (2017): The Supreme Court directed the government to expedite the appointments to the Lokpal, emphasizing the urgency and importance of operationalizing the institution. This case highlighted the judicial push for the Act's implementation, underscoring the need for these bodies to be functional. Clear Conclusion: The Lokpal and Lok Ayuktas Act, 2013, has noble objectives and comprehensive powers to tackle corruption. However, its effectiveness has been significantly hampered by considerable delays in appointments, procedural complexities, and a perceived lack of sustained political will in fully operationalizing these crucial institutions. While it provides a strong legal framework, its true impact hinges on its vigorous, independent, and timely implementation.