Thursday, 30 June 2022

Limitations of Lokpal bill

 Limitations of Lokpal bill

Lokpal bill was passed to combat corruption in the nations. This bill was passed after various debates and rejections. This act was introduced in the year 19th century and after eight times refusing the bill, it was finally accepted in the year 2011. 

Lokpal and Lokayukta are statutory bodies under the Lokpal act 2013. These institutions were formed to fulfill the responsibility of the ombudsman, which means an authority designated to investigate complaints made against a particular government agency.

The functions and jurisdiction of such authorities are ;  

  • Prime minister, Union Minister, or member of parliament of union government in groups can investigate by the Lokpal.

  • The Lokpal can't investigate when the allegation is made against the Prime minister concerning foreign relations, external and internal security, etc.

  • The investigation against the prime minister shall be conducted in secret and this investigation begins when the two-third bench launches the investigation.

  • Lokpal can search and seizure power under the civil procedure code to undertake preliminary inquiries and investigations and to take measures to combat corruption.

  • Lokpal has the authority to supervise and instruct any central investigating agency.

  • Lokpal is given the power to suspend any public official who is accused of corruption.

  •  60 days are given to the committee to investigate and submit the report. Before submitting the report it is important to gather feedback from the public servant and competent authority.

  • This act is applied to all people of the government agency .it is applied to society, trust, the body that accepts the foreign gift of more than 10 lakh.

Limitation of Lokpal and Lokayukta 

This act was much needed as in this era corruption was rising day by day. This act is seen as a weapon against corruption. but this act has many limitations. this act doesn't mention the selection process and there are no guidelines for deciding who is an eminent jurist or person of integrity. This act also lacked proper procedure for appealing Lokpal's action.

The biggest problem of this act is that it stipulates, no complaint against corruption can be filed until a period of seven-year has passed from the date on which the alleged offense was committed. Another limitation is that appointing a committee for Lokpal is made up of political party representatives, who can easily manipulate the act. The biggest limitation of the act is that there is no effective system of the judiciary and contesting them.

 To sum up the above article, the Lokpal act is a very important act to cure corruption in India. But there are various limitations to it. These limitations can't be wiped out if our government is involved in the committee or decision-making process.   I view that the judiciary should be involved to take fair decisions and steps.

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