This article presents a critical analysis of the role of the Lokpal in combating corruption in India, examining its evolution,establishment and the challenges it faces in fulfilling its mandate. The Lokpal, created under the Lokpal and Lokayuktas Act of 2013, was envisioned as an independent authority to investigate allegations of corruption against public officials and promote accountability within the government.

This analysis explores the Lokpal's achievements, such as raising public awareness, investigating high-profile cases, and advocating for whistleblower protection and many others. However, it also highlights significant challenges, including statutory status,lengthy and technical processes, limitation period, procedural barriers and many others which hinder its effectiveness.

By evaluating both the successes and shortcomings of the Lokpal, this article aims to provide insights into its impact on the broader fight against corruption in India and suggest potential reforms to enhance its operational capacity. Ultimately, the findings suggest the need for a collaborative approach involving government, civil society, and citizens to strengthen the Lokpal's role in fostering a culture of integrity and transparency in public governance.

Introduction
Modern democratic states are characterised by a welfare orientation. The expanded role of government led to the expanded role of the bureaucracy and multiplication of administration processes, which in turn increased the administrative power and discretion enjoyed by public servants at different levels of the government. The abuse of this power and discretion by public servants opened scope for harassment, malpractices, maladministration and corruption[1].

Corruption Perception Index, an international watchdog for corruption rated India 93rd out of 150 countries in its Report of 2023[2]. Similarly, the Transparency International, a global civil society organisation leading the fight against corruption, ranked India 39th in its Report of 2023. The organisation is a powerful worldwide coalition to end devastating impact of corruption on men, women and children.

Corruption is one of the most dangerous problems that countries, especially developing countries face. It affects the economy and the government's ability to handle problems including infrastructure, growth and development into the country. It also leads to disruption of social structure and community. Administrative corruption is a never-ending phenomenon that does not differentiate between developed and under-developed states because it is linked to the existence of people wherever they may be. As a consequence of this phenomenon, a corrupt society cannot be strong because a corrupt state cannot be strong.

Power is a feature of political and social system in a society where the state can achieve a high degree of cohesion around fundamental values shared by individuals. Especially when this tendency grows quickly, making corruption a big social problem that affects the whole state and society as a whole[3]. Administrative corruption is undeniably a plague that has afflicted every society. Corruption is no longer a new issue, but has recently emerged as a worldwide concern. Corruption devours people, obstructs investments and lowers the quality f essential services that citizens receive, contradicts democratic values, disrupts rule of law. It is thereby a threat to society's stability and security.

Corruption is an insidious plague that has a wide range of corrosive effects upon societies. It undermines democracy, rule of law, leas to violation of human rights, distorts markets, erodes the quality of life and allows organised crime, terrorism and other threats to human security to flourish. This evil phenomenon hurts the poor disproportionately diverting the funds intended for development, undermining the government's ability to provide basic services, feeding inequality and injustice, discouraging foreign aid and investment[4].

As Dr. A.P.J. Abdul Kalam said:
"Where do the evils like corruption arise from? It comes from the never-ending greed. The fight for corruption-free ethical society will have to be fought against this greed and replace it with 'What Can I Give' spirit. As students, scientists and professionals, we need to ask ourselves one question of what can I give to this nation.[5]" The success of democracy and realisation of socio-economic development depends on the extent to which the grievances of the citizens are redressed. Therefore, several institutions including the ombudsman system, administrative courts system and procurator system have been established across the world to resolve the grievances of citizens.

The ombudsman system established in India is under The Lokpal and Lokayukta Act, 2013 in order t improve maladministration that was eroding nation's foundation and hindering the administrative tasks.

Historical Background And Evolution Of Lokpal

• The institution of ombudsman was first created in Sweden in 1809. 'Ombud' is a Swedish term referring to a person who acts as the representative or spokesperson of another person. According to Donald C. Rowat, 'Ombudsman refers to an officer appointed by the legislature to handle complaints against administrative and judicial action.'
   
• From Sweden, the institution of ombudsman spread to other countries. The ombudsman in India is called Lokpal at the union and Lokayukta at the state. Donald C. Rowat says that the institution of ombudsman is a 'bullwark of democratic government against the tyranny of officialdom.' While Gerald Caiden described the ombudsman as 'institutionalised public conscience'.
   
• Increasing corruption in public life in India has been a matter of growing concern since the early 1960s. The Administrative Reforms Commission set up under chairmanship of Morarji Desai to address the complaints and grievances of the citizens. It recommended the appointment of the Lokpal institution in 1966. The term 'Lokpal' was coined by Laxmimal Singh, which refers to the protector of people and 'Lokayukta'. Lokpal would deal with complaints against Ministers and Secretaries of Central government as well as in states by the Lokayuktas. Since then, a number of Lokpal legislations were introduced in the Parliament in the years 1968, 1971, 1977, 1985, 1989, 1996, 1998 and 2001 without any success. The Constitutional Working Reforms Committee and the Second Administrative Reforms Committee also recommended the establishment of Lokpal.
   
• The Anna Hazare movement of 2011 forced the Government of India to seriously think of introducing the Lokpal legislation. A committee headed by Pranab Mukherjee was established to address corruption and consider the Lokpal bill proposal. Eventually, the Lokpal and Lokayuktas Act, 2013 was enacted and enforced from 16 January, 2014. Though the bill was assented in 2013, the first chairperson of Lokpal was appointed in 2019. The initial delays in functioning arose from the fact that the selection process was halted due to absence of Leader of Opposition, who forms a part of the Selection Committee. Thereby, an amendment was introduced in 2016, wherein the member of the single largest party in Lok Sabha was made an eligible member into the Selection Committee. The first chairperson appointed was P.C. Ghosh who was succeeded by Justice Ajay Khanwilkar, the current Lokpal of India.
   
• Maharashtra was the first state to introduce Lokayukta through Maharashtra Lokayukta Act of 1971. All states except some union territories have established the office of Lokayukta, having diverse set of rules and regulations.
   
• The Lokpal is the first institution of its kind in independent India that enquires and investigates allegations of corruption against public servants as defined under the Lokpal and Lokayukta Act.
   
• India is a signatory to the United Nations Convention against Corruption. The commitment of government of providing clean and responsive governance is reflected in passing of the legislation and creating the body of Lokpal in order to contain and punish the acts of corruption.

Establishment Of The Lokpal

• Composition: According to Section 3, Lokpal is a multi-member body, that consists of one chairperson and a maximum of 8 members.
• Chairperson of the Lokpal should be either the former Chief Justice of India or the former Judge of Supreme Court or an eminent person with impeccable integrity and outstanding ability, 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.
• Out of the maximum eight members, half will be judicial members and minimum 50% of the Members will be from SC/ ST/ OBC/ Minorities and women.
• The judicial member of the Lokpal either a former Judge of the Supreme Court or former Chief Justice of a High Court. The non-judicial member should be an eminent person with impeccable integrity and outstanding ability, 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.
   
• Tenure: Under Section 6, the term of office for Lokpal Chairman and Members is 5 years or till the age of 70 years. The members are appointed by the president on the recommendation of a Selection Committee.
• The selection committee is composed of the Prime Minister who is the Chairperson; Speaker of Lok Sabha, Leader of Opposition in Lok Sabha, Chief Justice of India or a Judge nominated by him/her, and one eminent jurist.
• For selecting the chairperson and the members, the selection committee constitutes a search panel of at least eight persons.
• An amendment of 2019 made a member of the single largest party eligible to be a member of the selection committee if there is no Leader of Opposition in that term.
   
• Jurisdiction: Under Section 14, the jurisdiction of Lokpal includes the Prime Minister, Cabinet Ministers, Ministers of State, Ministers of independent charge, Members of Parliament, Groups A, B, C, and D officers and officials of Central Government.
• Jurisdiction of the Lokpal includes the Prime Minister except on allegations of corruption relating to international relations, security, public order, atomic energy, and space.
• The Lokpal does not have jurisdiction over Ministers and MPs in the matter of anything said in Parliament or a vote given there.
• Its jurisdiction also includes any person who is or has been in charge (director/ manager/ secretary) of any body/ society set up by central act or any other body financed/ controlled by central government and any other person involved in the act of abetting, bribe-giving, or bribe-taking. It excludes supervision of armed forces, coast guards, and judiciary.
   
• Removal: Section 37 contains provisions of removal and suspension of members and Chairperson of Lokpal. It can be done by the President on the ground of misbehavior after receiving a petition signed by a minimum of hundred members of parliament.

 
• The President can further refer it to the Supreme Court to conduct an inquiry and present a report. The President removes or suspends the member based upon the report of the Supreme Court.
• Central Bureau of Investigation (CBI): For ensuring the independence of the CBI, a high-powered committee chaired by the Prime Minister will recommend the selection of the director of CBI.

 
• The enactment contains several provisions aimed at strengthening the CBI like funding of cases referred by Lokpal, maintenance of a panel of advocates, appointing director of Prosecution, and others.
• Punishment: The enactment enhances punishment under the Prevention of Corruption Act from seven to ten years. The minimum punishment under Sections 7, 8, 9, and 12 of the Prevention of Corruption Act will now be three years, and the minimum punishment under Section 15 (for attempt) will be two years.
   
• Structural variations: The structure of Lokayukta is not the same in all states.
• Some states like Rajasthan, Maharashtra, and Karnataka have created the Lokayukta as well as Upa-Lokayukta, while some others like Bihar, Uttar Pradesh, and Himachal Pradesh have created Lokayukta only.
• Judicial qualifications are prescribed only in some states, and there is no uniformity regarding their jurisdiction.
   
• Inquiry: After receiving a complaint, the Lokpal can order an initial inquiry against any public servant to decide whether to proceed with the matter.
• The Lokpal sets up an Inquiry Wing that conducts an initial inquiry regarding charges of corruption against a public servant. Such an inquiry is normally completed within ninety days of receiving the complaint. However, the Lokpal can extend the inquiry period by an additional ninety days, after giving written reasons for the extension.
• In case the Lokpal decides to proceed with the matter, it can order an investigation by any agency (including the Delhi Special Police Establishment).
• The Lokpal will normally direct a speedy investigation to be completed within six months. However, the Lokpal can extend the investigation period by six more months, after giving written reasons for the extension.
   
• Prosecution: The Lokpal can initiate legal proceedings against a public servant in relation to any complaint. After investigation, if the Lokpal finds that an offence of corruption has been committed, it can file a case before the Special Court and submit its findings.
• The Lokpal's report will be considered just like a report of a police officer filed after complete investigation.

Achievements Of Lokpal:

• Establishment of a Dedicated Anti-Corruption Body: The Lokpal Act, enacted in 2013, established a dedicated institution to address corruption at various levels of government. This body serves as an independent authority to investigate complaints against public officials, thereby enhancing accountability. It is an essential part of the legal and institutional mechanism to prevent corruption in public life and is the first democratic institution created for grievance redressal.
   
• Investigation of High-Profile Cases: The Lokpal has been instrumental in investigating several high-profile corruption cases involving politicians and bureaucrats. This has helped to restore public faith in the system by demonstrating that no one is above the law. Since 2019, Lokpal received more than a hundred cases of public servants including members of parliament, thereby fulfilling its mandate of establishment. As it exercises jurisdiction over governmental officials, a system of checks and balances is established, deterring the earlier prevalent practice of corruption across governmental levels and amongst officials.
   
• Public Awareness and Education: The Lokpal has engaged in initiatives to raise public awareness about corruption and the mechanisms available for reporting it. This has empowered citizens to take an active role in combating corruption by reporting malpractices.
   
• Streamlined Complaint Mechanism: The Lokpal has established a streamlined process for filing complaints, making it easier for citizens to report corruption. This includes online complaint registration via email, which has increased accessibility and transparency and has added to the digital inclusivity principle of the government as well as an added benefit to the citizens.
• Collaboration with Other Anti-Corruption Agencies: The Lokpal collaborates with other anti-corruption agencies and law enforcement bodies like the Central Bureau of Investigation (CBI), Central Vigilance Commission (CVC), and others to enhance the effectiveness of investigations. This inter-agency cooperation has led to more comprehensive approaches to tackling corruption.
   
• Promotion of Whistleblower Protection: The Lokpal has advocated for the protection of whistleblowers, encouraging individuals to come forward with information about corruption without fear of retaliation. This has fostered a culture of transparency and accountability.
   
• Annual Reports and Recommendations: The Lokpal submits annual reports to the government, outlining its findings and recommendations for policy improvements. This has led to discussions on legislative reforms aimed at strengthening anti-corruption measures.
   
• Encouragement of Ethical Governance: By holding public officials accountable, the Lokpal promotes ethical governance and integrity within public service. This has contributed to a gradual shift in the culture of governance towards greater responsibility and transparency.
   
• Effective Power: The Lokpal has the power to confiscate assets as well as proceeds, receipts, and benefits that have been procured by means of corruption. It can also recommend the suspension or transfer of public servants connected to corruption. The Lokpal would pronounce fair, complete, and unbiased justice based upon its informed decision since it has access to all information related to the accused.

These achievements reflect the Lokpal's ongoing efforts to combat corruption and promote integrity within the public sector, although challenges remain in fully realizing its potential[15].

Challenges Faced By Lokpal

The Lokpal in India faces several challenges in its efforts to combat corruption effectively. Here are some of the key challenges:

• Lack of Constitutional Status: Lokpal is a statutory body, thereby having less power and effectiveness compared to constitutional bodies like the Election Commission of India and others.
• Compromise in Independence: The independence of Lokpal can be compromised due to the concentration of executives in the appointment procedure, political pressures, and other arenas. This may defeat the actual purpose of its establishment, leading to concerns about political interference in its functioning and reluctance to pursue high-profile cases.
• Lack of Power to Review Its Own Decisions: Lokpal does not have the power to review its own decisions and cannot rectify or revisit any decisions pronounced by it. This acts as a hurdle in delivering free and fair justice.
• Procedural Barriers: Lokpal follows its formats very strictly. Any mistake in the format may lead to the rejection of the complaint, which defeats the actual reason for its establishment and allows public servants to exercise their dominance over citizens. In 2019, Lokpal received more than ten thousand cases, but the majority were rejected due to mistakes in the format. This also discourages the public from complaining about corrupt officials. Guidelines regarding complaints were declared in 2020, six years after the enactment, with various ambiguities and technicalities.
• No Jurisdiction upon Judiciary, Armed Forces, and Coast Guards: Lokpal cannot trace corruption in defence deals as it does not have jurisdiction over the armed forces or other mentioned areas.
• No Suo Motu Cognizance: Lokpal cannot initiate suo motu cognizance based on newspaper articles, letters, or other sources like the Supreme Court. Lokpal can act only upon receiving a written complaint related to a particular public servant. Without complaints, no action can be taken.
• Prolonged Legal Processes: The legal processes involved in investigating and prosecuting corruption cases can be lengthy and complex, leading to delays in justice and discouraging victims from coming forward.
• Whistleblower Protection Issues: While there are provisions for whistleblower protection, their implementation is often inadequate. Fear of retaliation can prevent individuals from reporting corruption.
• Limitation of Seven Years: Lokpal can entertain a complaint of corruption within a limitation period of seven years. Complaints filed beyond this period are not within Lokpal's jurisdiction for investigation.
• Coordination with Other Agencies: Effective combat against corruption often requires coordination with various law enforcement and anti-corruption agencies. Lack of collaboration can lead to fragmented efforts and inefficiencies. If other agencies are inefficient, it affects Lokpal's overall performance and productivity.
• Public Perception and Media Scrutiny: The Lokpal operates under significant public and media scrutiny, which can create pressure to deliver results quickly. This may sometimes lead to hasty decisions or investigations that may not be thorough.

Conclusion And Suggestions
In conclusion, the Lokpal plays a crucial role in the fight against corruption in India by serving as an independent and dedicated institution tasked with investigating complaints against public officials. Its establishment marked a significant step towards enhancing accountability and transparency within the government. Through its various initiatives, the Lokpal has taken steps towards raising public awareness, promoting ethical governance, and encouraging and enhancing citizen participation in reporting corruption.

To maximize the Lokpal's impact, it is essential to address the challenges through introducing reforms that enhance its powers, resources, and public engagement. Strengthening the institution will not only enhance its capacity to combat corruption but also restore public trust in governance. Ultimately, the success of Lokpal in combating corruption will depend on a collaborative effort involving government, civil society, and citizens to create a culture of integrity and accountability in public service.

Suggestions:

1. Constitutional status can be granted to Lokpal and Lokayukta.
2. Procedures and formats can be further simplified and eased in order to enhance the efficiency and effectiveness of Lokpal.
3. Transparency in its working can be enhanced along with promoting citizen's Right to Information and Empowerment.
4. Establish decentralised institutions with appropriate accounting mechanisms in order to prevent excessive concentration of power.
5. Embrace the principle of 'Less Government and Greater Governance.'

End Notes:

1. M. Laxmikant, Indian Polity, McGraw Hill Education (India) Private Ltd, Sixth Edition, 2020
2. https://www.thehindu.com/news/national/india-ranks-93-out-of-180-countries-in-corruption-perceptions-index-2023/article67793578.ece, last seen on 02-09-2024
3. Administrative Corruption: Causes and Solutions, International Journal of Business Review, published in 2022
4. https://lokpal.gov.in/?about_us?about_lokpal?0101, last seen on 02-09-2024
5. https://www.thehindu.com/news/national/tamil-nadu/take-part-in-movement-against-corruption-kalam/article2137285.ece, last seen on 02-09-2024
6. https://lokpal.gov.in/?member_profile?chairperson#:~:text=LOKPAL&text=Shri%20Justice%20Ajay%20Manikrao%20Khanwilkar%20born%20on%2030th%20July,of%20Commerce%2C%20Mumbai%20and%20L.L.B., last seen on 02-09-2024
7. https://lokpal.gov.in/?about_us?about_lokpal?0101, last seen on 02-09-2024
8. https://lokpal.gov.in/?about_us?organization_structure?0105, last seen on 03-09-2024
9. https://lokpal.gov.in/?about_us?Jurisdiction_and_Functions_of_Lokpal?0103, last seen on 03-09-2024
10. https://www.lokpal.gov.in/pdfs/act-2013.pdf, last seen on 04-09-2024
11. Himanshu Rastgi, An Analysis of Lokpal Bill as a tool to make India free from corruption, IJMRT, Volume 12 published in 2018
12. https://www.lokpal.gov.in/pdfs/act-2013.pdf, last seen on 04-09-2024
13. M. Laxmikant, Indian Polity, McGraw Hill Education (India) Private Ltd, Sixth Edition, 2020
14. https://nyaaya.org/nyaaya-weekly/putting-an-end-to-corruption-why-is-the-lokpal-important/, last seen on 03-09-2024
15. Parishkar Shreshth, Lokpal and Good Governance, Palarch's Journal of Archeology of Egypt, published in 2020
16. M. Laxmikant, Indian Polity, McGraw Hill Education (India) Private Ltd, Sixth Edition, 2020
17. https://nyaaya.org/nyaaya-weekly/putting-an-end-to-corruption-why-is-the-lokpal-important/, last seen on 04-09-2024