On March 19, Justice Pinaki Chandra Ghosh was
appointed as India’s first Lokpal. The announcement came after a delay of five
years as the Lokpal and Lokayukta Act, which envisaged appointment of a Lokpal
at the Centre and Lokayuktas in the States to look into cases of corruption
against certain categories of public servants, was passed in 2013. Now that the
Lokpal chairman and eight members have been appointed, there may arise many
questions related to its functions, duties and powers. Here, we seek to answer
some questions about its functioning and the procedure for dealing with
complaints against public servants under the Prevention of Corruption Act.
Who are the public servants covered by the Act?
The Lokpal has jurisdiction to inquire into
allegations of corruption against anyone who is or has been Prime Minister, or
a Minister in the Union government, or a Member of Parliament, as well as
officials of the Union government under Groups A, B, C and D. Also covered are
chairpersons, members, officers and directors of any board, corporation,
society, trust or autonomous body either established by an Act of Parliament or
wholly or partly funded by the Centre. It also covers any society or trust or
body that receives foreign contribution above Rs.10
lakh.
What happens if a charge is made against the PM?
The Lokpal cannot inquire into any corruption
charge against the Prime Minister if the allegations are related to
international relations, external and internal security, public order, atomic
energy and space, unless a full Bench of the Lokpal, consisting of its chair
and all members, considers the initiation of a probe, and at least two-thirds
of the members approve it. Such a hearing should be held in camera, and if the
complaint is dismissed, the records shall not be published or made available to
anyone.
What is the procedure for preliminary 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. It has to seek comments from both the public servant and “the competent
authority,” before submitting its report. There will be a ‘competent authority’
for each category of public servant. For instance, for the Prime Minister, it
is the Lok Sabha, and for other Ministers, it will be the Prime Minister. And
for department officials, it will be the Minister concerned.
Who are the functionaries of the Lokpal?
The Lokpal will have a Secretary, who will be
appointed by the Lokpal Chairperson from a panel of names prepared by the
Central government. The Secretary will be of the rank of Secretary to the
Government of India. The Lokpal will have to appoint an Inquiry Wing, headed by
a Director of Inquiry, and a Prosecution Wing, headed by a Director of
Prosecution. Until these officers are appointed, the government will have to
make available officers and staff from its Ministries and Departments to conduct
preliminary inquiries and pursue prosecution. The institution will also have to
appoint other officers and staff.
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