Lokpal law needs modifications to ‘check any scope of discretion’, ensure proper enforcement

New Delhi: The law governing the functioning of anti-corruption ombudsman Lokpal needs modifications to “check any scope of discretion” and ensure its proper enforcement, sources said on Sunday.

They said there is a “strong feeling” in certain quarters of the government to now “reconsider” some provisions of the law, enacted over a decade ago.

The Lokpal and Lokayuktas Act 2013 (Act of 2013) came into force on January 1, 2014, when it received the assent of the President. It, however, began functioning only on March 27, 2019, following the appointment of its chairperson and members.

The Lokpal is headed by a chairperson, who is at present former Supreme Court judge Justice Ajay Manikrao Khanwilkar, and can have eight members-- four each judicial and non-judicial.

“There is a strong feeling in certain quarters of the government to now reconsider some provisions of the Lokpal Act to check any scope of discretion and ensure its proper enforcement,” a source said.

Citing an example, the source said that the present chairperson has chosen to work through a single bench, comprising all members and headed by him, while hearing cases.

The law has provisions to allow the working of different benches, comprising two or more judicial and non-judicial members, to decide on corruption complaints, the sources said.

“A bench may be constituted by the chairperson with two or more members as the chairperson may deem fit,” read Section 16 (1) (b) of the law.

Where benches are constituted, the chairperson may, from time to time, by notification, make provisions as to the distribution of the business of the Lokpal amongst the benches and also provide for the matters which may be dealt with by each bench, according to Section 17 of the Act.

The sources said former Lokpal chairperson Justice (retd) Pinaki Chandra Ghose had constituted benches to decide on corruption complaints.

“Whereas, the present Lokpal chairperson has refrained from constituting benches, which has affected expeditious disposal of corruption complaints,” another source said.

The sources also cited discretionary use of the provisions of Section 20 of the Lokpal Act, which relates to the “procedure in respect of preliminary inquiry and investigation”.

They said the law allows Lokpal to investigate an accused soon after receiving the complaints.

However, the country’s premier investigating agency Central Bureau of Investigation (CBI) and probity watchdog Central Vigilance Commission (CVC) do not examine individuals at the preliminary inquiry stage, the sources said.

These bodies usually do their discreet enquiry first to ensure that there is a prima facie enough grounds to proceed for a detailed probe through a case, they said.

The same is not being followed by the Lokpal, thus resulting in risk of loss of reputation of individuals, the sources added.