NEW DELHI: Twelve years after UPA govt enacted the Lokpal and Lokayuktas Act, followed by its rollout by NDA regime, a feeling seems to be growing among certain quarters in govt that some of its key provisions may need a relook in light of experience gathered during its enforcement.Sources in govt said ambiguities in the working as well as scope for discretion in certain provisions of the Act may be impairing the effective functioning of Lokpal. “The ambiguities may have been inadvertent and discretion relied upon in good faith while framing the law,” a govt functionary told TOI.For instance, the current chairperson has preferred to work through a single bench comprising all members and headed by him, notwithstanding the provision, conceived with an idea of facilitating division of labour, in Lokpal Act for benches to be constituted by the chairperson with two or more members.According to sources, the law allows the chairperson discretion regarding constitution of benches, the operative word being ‘may’ in Section 16(1)(a) that states “the jurisdiction of Lokpal may be exercised by benches thereof”. Sources said while the last chairperson, Justice (Retd) Pinaki Chandra Ghose, had constituted benches, current chairperson Justice A M Khanwilkar has other ideas. The purported reasoning is the chairperson’s keenness to have all members on board while deciding each complaint. Govt sources, however, indicated this means the chairperson gets to preside over each case, rather than allow diverse opinions to be presented by smaller benches. Benches also expedite disposal of complaints, sources added.TOI has learnt that the chairperson has been reluctant to route files through the Lokpal secretary.The law allows Lokpal to take up corruption complaints against the PM, Union ministers, MPs and govt officials. Lokpal cannot suo motu take up corruption cases.There is also a concern over Lokpal’s powers to overrule the opinion of the competent authority on granting prosecution sanction in corruption cases. “There is a view the competent authority is in a better position to take this call,” said a govt functionary.Though the law empowers Lokpal to independently conduct investigation and prosecution in corruption complaints, govt is yet to set up the inquiry and prosecution wings provided under the Act. Govt sources indicated CBI and CVC, which currently perform these functions under the direction and supervision of Lokpal, already have the competence, experienced staff and resources to do so.Unlike CBI and CVC, which do not examine the respondents at preliminary inquiry (PI) stage, the law gives Lokpal leeway to investigate a person at any stage, including soon after receiving the complaint. “The intent of the law is to strike a balance between probity and letting a public servant discharge their duties freely, without the sword of scrutiny hanging over them. Examination before PI risks loss of the respondent’s reputation,” said an officer.About the AuthorBharti JainBharti Jain is senior editor with The Times of India, New Delhi. She has been writing on security matters since 1996. Having covered the Union home ministry, security agencies, Election Commission and the ‘prime’ political beat, the Congress, for The Economic Times all these years, she moved to TOI in August 2012. Her repertoire of news stories delves into the whole gamut of issues related to terrorism and internal strife, besides probing strategic affairs in India’s neighbourhood.Read MoreEnd of ArticleFollow Us On Social MediaVideosIndia And Israel Launch FTA Talks; Piyush Goyal, Nir Barkat Sign Terms Of ReferenceDelhi’s Pollution Forces Australian Foreign Minister Penny Wong To Cough, Stop Her Speech MidwayJaishankar Meets Afghan Commerce Minister Azizi In Delhi; Trade, Connectivity DiscussedMEA Outlines Agenda For PM Modi’s South Africa Visit For G20 Summit In JohannesburgPenny Wong’s Cricket Banter With Jaishankar Highlights Warm, Confident India-Australia PartnershipJaishankar, Penny Wong Send A Strong India-Australia Message To China And The World on Indo-PacificIFFI 2025 Opens With A Surprise As Korean Minister Sings Vande Mataram And Wins Standing OvationPiyush Goyal’s 10 D’s Pitch in Israel Recasts India As Future-Ready for Worldwide InvestmentsDelhi Student Suicide Case: Massive Protest Outside School After Note Alleges Harassment By TeachersPiyush Goyal Links India, Israel Through Shared Adversities, Predicts 7% Percent GDP Growth For FY26123PhotostoriesPrincess Diana finally enters the Grévin Wax Museum and yes, she’s wearing the iconic ‘Revenge Dress’Dipika Kakar breaks down after meeting her oncologist amid liver cancer treatment; says, ‘The reports are normal, but there is a constant fear and anxiety’Peripheral Artery Disease: 5 major causes, and ways to prevent it9 must-try street foods in Udaipur5 expert-approved best foods to control diabetes5 spectacular animals with the biggest horns on their heads10 father-son duos who left a mark on cricket historyHyderabad Metro’s big upgrade: Six-coach trains, faster rides to end commuter chaos soonPriyanka Chopra, Ranbir Kapoor to Alia Bhatt: Bollywood stars who reinvented their style after major career shiftsThis South Indian-Style Anda Curry is a must-try123Hot PicksDelhi AQI TodayBihar Minister List 2025Bihar CM Oath CeremonyGold rate todaySilver rate todayPublic Holidays NovemberBank Holidays NovemberTop TrendingTrevon DiggsTom BradyMLB SignsDraymond GreenCanara Bank Manager RobberyFortnite DownTop Stock RecommendationsGold Silver Price PredictionStefon DiggsBaker Mayfield Wife
NEW DELHI: Twelve years after UPA govt enacted the Lokpal and Lokayuktas Act, followed by its rollout by NDA regime, a feeling seems to be growing among certain quarters in govt that some of its key provisions may need a relook in light of experience gathered during its enforcement.Sources in govt said ambiguities in the…
