Justice A.M. Khanwilkar Appointed Chairperson of Lokpal: Appointing the Anti-Corruption
This article explores Justice Khanwilkar's appointment, the Lokpal's role in India's fight against corruption, and the potential implications of this decision.
Justice Khanwilkar's Background and Appointment
Justice Khanwilkar served as a Supreme Court judge from 2016 to 2022. During his tenure, he presided over several crucial cases, including those concerning the Foreign Contribution (Regulation) Amendment Act (FCRA), the Prevention of Money Laundering Act (PMLA), and the Unlawful Activities Prevention Act (UAPA). These judgments, particularly those upholding the government's expansive powers under these legislations, generated significant debate.
The selection committee for the Lokpal chairperson position, as mandated by the Lokpal and Lokayuktas Act, 2013, comprises the Prime Minister, the Chief Justice of India, and the Leader of the Opposition. Justice Khanwilkar's appointment received approval from all three members, signifying a degree of consensus. However, it is crucial to note that the process has not been without criticism, with concerns being raised about potential conflicts of interest and the lack of transparency in the selection process.
The Lokpal: India's Anti-Corruption
Established in 2013 under the Lokpal and Lokayuktas Act, the Lokpal is an independent statutory body tasked with investigating allegations of corruption against public officials, including the Prime Minister, ministers, and Members of Parliament (MPs). It also oversees the functioning of State Lokayuktas, which perform similar functions at the state level.
The Lokpal has the authority to investigate complaints, initiate inquiries, and order inquiries by other agencies. If sufficient evidence of wrongdoing is found, it can be recommended to the competent authorities, including the Central Bureau of Investigation (CBI), to initiate prosecution proceedings.
However, Lokpal's effectiveness has been hampered by various factors, including delays in appointments, a shortage of staff and resources, and limitations in its investigative powers. The lack of a dedicated investigative arm further restricts its ability to conduct independent inquiries. These limitations have raised questions about the Lokpal's capacity to effectively combat corruption.
A History of Lokpal in India
Corruption, a persistent problem in India, has seen various efforts to combat it. One such effort is the Lokpal, an independent body acting as the nation's anti-corruption ombudsman. But the Lokpal's journey, literally meaning "people's protector," hasn't been easy, filled with delays, challenges, and ongoing debate. Let's delve into the history of this crucial institution.
The Seeds of Hope (1963-1968)
The idea of a Lokpal first sprouted in 1963 during discussions on the Law Ministry's budget. The need for an independent body to investigate corruption allegations against high-ranking officials was raised. This idea gained further momentum with the term "Lokpal" being coined by L.M. Singhvi, a renowned jurist, in 1968.
The First Bill and its Stalled Journey (1968-2005)
Unfortunately, the first Lokpal Bill introduced in 1968 failed to be enacted. This marked the start of a long and frustrating period. Drafts of the Lokpal Bill were proposed and debated over the next four decades, facing resistance and concerns about the Lokpal's power.
Public Outcry and the Jan Lokpal Bill (2005-2013)
As high-profile corruption scandals rocked the nation in the early 2000s, public outcry for a stronger Lokpal grew. Civil society organizations, activists like Anna Hazare, and individuals spearheaded a movement pushing for the Jan Lokpal Bill. This bill envisioned a more powerful Lokpal with wider investigative and prosecutorial powers.
The Lokpal and Lokayuktas Act, 2013
After years of public pressure and political debate, the Lokpal and Lokayuktas Act finally came into force in 2013. This landmark legislation established the Lokpal at the national level and Lokayuktas in each state to investigate corruption allegations against public officials.
Size of the Lokpal panel
The Lokpal panel, excluding the chairperson, can have a maximum of eight members
The Lokpal and Lokayuktas Act, 2013 states that the Lokpal body shall comprise:
- A chairperson and
- Not less than eight (8) members, out of whom fifty percent. shall be Judicial Members
This means the total number of members can range from nine (1 chairperson + 8 members) to ten (1 chairperson + 9 members), depending on the number of non-judicial members appointed. However, the maximum number of members is eight.
