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<ul><li>Panaki Chandra Ghose was just appointed as the chairman of India’s first anti-corruption ombudsman or Lokpal. </li><li>The Lokpal will look into incidents of corruption within the Indian government. </li><li>But the scope of its investigation is limited since it’s not allowed to investigate cases related to foreign affairs, space and defence.</li></ul>India’s first chairman of the Lokpal or anti-corruption ombudsman, Pinaki Chandra Ghose, is going to have his hands full as he takes on his new role. He’s already served as a former Supreme Court judge and is currently a member of the National Human Rights Commission (NHRC). Corruption has been a burgeoning topic in India — especially with Modi’s recent #chowkidar campaign on Twitter — but there’s little to suggest to actual on-ground improvement. According to Transparency International’s Corruption Perception Index (CPI), India’s score only improved by one point between 2017 and 2018. In fact, the global watchdog pegs India as one of the worst <a href="https://www.transparency.org/cpi2018">offenders</a> in the Asia-Pacific region. It’s <a href="https://www.prsindia.org/media/articles-by-prs-team/lokpal-act-3095">unclear</a> whether the Lokpal will be looking into petty corruption or big-ticket corruption as its primary mandate. Deterring the problem from both ends is important in a country like India where, on the one hand, more than 62% of Indians have paid off a public official for a job and, on the other hand, you have the big-ticket scams like the allocation of funds during the Commonwealth Games in 2010. To probe or not to probe? While finally having a Lokpal in place might be good for the general public, one of sectors most vulnerable to corruption — is aerospace and defense and one that the ombudsman can’t touch. According to an Ernst and Young report, aerospace and defence is perceived to be the third most vulnerable sector to corruption. This means that incidents like the Rafale Deal or the BOFORS case — some of the most contentious armed deals in the country — won’t come under the Lokpal’s purview. But, on the other hand, the 2G spectrum case or ‘Coalgate’ — where the allocation of resources came into question — would be incidents that the Lokpal would look into. One of the more recent corruption allegations were actually within India’s Central Bureau of Investigation where Alok Verma, the CBI director and his deputy, Rakesh Asthana both accused the other of being corrupt. Both were, subsequently, asked to resign from their posts at the bureau. The investigation is still pending and several other senior officers have also been put on ‘indefinite leave’ until the matter is sorted. And corruption isn’t limited to India’s borders either. According to the ‘Export Corruption Report’ by Transparency International, India among four countries that has ‘little or no enforcement’ in place to check against against foreign bribery. But, then again, the Lokpal is restricted from looking into incidents of corruption when it comes to foreign affairs. India already has the Central Vigilance Commission to address governmental corruption but even though it’s an autonomous body, it’s not an investigative agency. And, the Prevention of Corruption Act is which aimed at combating corruption in the government has largely been misused due to Section 13(1)d, which allowed honest officials to be prosecuted serving as deterrent to bold decision making.

Here’s what India’s first anti-corruption ombudsman is up against

<ul><li>Pinaki Chandra Ghose has been appointed as the chairman of India’s Lokpal or anti-corruption ombudsman. </li><li>The formation of India’s anti-corruption ombudsman has been pending for the past six years since the <keyword id="446008" type="ORGANIZATION" weightage="20" keywordseo="Lokpal-Bill">Lokpal Bill</keyword> was first passed in 2013. </li><li>The Lokpal has the authority to look into incidents of corruption at all levels of public service, including the Prime Minister. </li></ul>Pinaki Chandra Ghose, former judge at the Indian Supreme Court and a member of the National Human Rights Commission (HRC), has been be appointed as the country’s first anti-corruption ombudsman or chairman of the Lokpal. The formation of a committee that will look into incidents of corruption within the Indian government has been in the works for six years now, since the Lokpal Act was first passed in 2013. It was only in September last year that a selection committee was formed led by Ranjana Prakash, a former Supreme Court Chief Justice, and chaired by India’s current prime minister, Narendra Modi. Even then, the leader of the opposition, Mallikarjun Kharge — who is also a member of the Lokpal — refused to attend the meetings. Not that it hindered the selection process since the Supreme Court’s clarification in 2017 where they ruled that the Leader of the Opposition need not necessarily be present in order for the committee to decide on the appointments for the Lokpal. What exactly is an anti-corruption ombudsman? As per the Lokpal Act, 2013, the anti-corruption ombudsman or Lokpal has the power to investigate any complaint of corruption against any public entity — including the Prime Minister. But, in order to conduct an investigation into the Prime Minister, it must be approved by two-thirds of the committee. It supersedes the authority of any other investigating agency, even the Central Bureau of Investigation (CBI). Any officer of the CBI that’s on a case that was assigned by the Lokpal can’t even transfer out without prior approval from the ombudsman. Aside from investigation complaints of corruption, it’s also the Lokpal’s responsibility to make sure that any public officer who is a whistleblower is protected on their watch. <div type="image" title="Lokpal" msid="68491540" hostid="261" caption="&amp;lt;p&amp;gt;Salient features of the Lokpal Act&amp;lt;/p&amp;gt;"></div>

 The idea to put an anti-corruption ombudsman in place was first floated back in 1963 during a parliamentary session when the law ministry’s budget was being discussed. A bill for its formation even reached parliament in 1968 but despite eight attempts — none actually passed. It was only in 2013 that the Lokpal Act finally passed, that too after a nationwide protest led by India Against Corruption — a civil society movement that was led by the activist, Anna Hazare. Six years later, the Supreme Court of India told the Indian government to form a committee to appoint the country’s first Lokpal in January. An NGO called Common Cause even filed a petition and contempt petition in 2014 over the delay. It’s not just the central government of delay that subject to delay. Most states are also yet to appoint Lokayuktas, something that was supposed to be in place within a year of the Lokpal Act kicking in.

India’s gets its first anti-corruption ombudsman

NEW DELHI: Parliament on Wednesday passed the crucial <keyword id="6356353" type="UNKNOWN" weightage="100" keywordseo="lokpal">Lokpal</keyword> Bill with the <keyword id="6355187" type="ORGANIZATION" weightage="40" keywordseo="Lok-Sabha">Lok Sabha</keyword> adopting the measure as amended by the Rajya Sabha after a short discussion. Following are the salient features of the amended Lokpal Bill. 
 
1. Lokayuktas: The new bill mandates states to set up Lokayuktas within 365 days. States have the freedom to determine the nature and type of Lokayukta. 
 
The old bill said the law shall be applicable to states only if they give consent to its application. 
 
The old bill gave power to the central government to appoint state Lokayuktas while the new draft gives this power to the states. 
 
2. Constitution of Lokpal: The Lokpal will consist of a chairperson and a maximum of eight members, of which fifty percent shall be judicial members. Fifty percent members of Lokpal shall be from among SC, ST, OBCs, minorities and women. 
 The older version said the chairperson shall be the <keyword id="42759" type="POSITION" weightage="40" keywordseo="Chief-Justice">Chief Justice</keyword> of India or a present or former <keyword id="18182" type="POSITION" weightage="40" keywordseo="Judge">judge</keyword> of the <keyword id="6354977" type="ORGANIZATION" weightage="40" keywordseo="Supreme-Court">Supreme Court</keyword> or a non-judicial member with specified qualifications (chief justice or a judge of a high court). 
 
3. Selection of Lokpal: The selection committee will have <keyword id="71" type="POSITION" weightage="40" keywordseo="Prime-Minister">Prime Minister</keyword>, Lok Sabha Speaker, leader of the opposition in Lok Sabha and the Chief Justice of India. A fifth member of the selection committee for selection of Lokpal under the category of "eminent jurist" may be nominated by the <keyword id="2540" type="POSITION" weightage="40" keywordseo="President">President</keyword> on the basis of recommendation of the first four members of the selection committee. 
 
In the old bill, selection of the fifth person was left entirely to the President. 
 
4. Religious bodies and trust: The new bill includes societies and trusts that collect public money, receive <keyword id="6357455" type="EVENT" weightage="40" keywordseo="Funding">funding</keyword> from foreign sources, and have an income level above a certain threshold, it excludes bodies creating endowments for or performing religious or charitable functions. 
 
The old bill expanded definition of public servant by bringing societies and trusts which receive donations from the public (over a specified annual income) and, organisations which receive foreign donations (over Rs 10 lakh a year) within the purview of the Lokpal. 
 
5. Prosecution: In the new version, before taking a decision on filing a chargesheet in a case upon consideration of the investigation report, the Lokpal may authorise its own prosecution wing or the concerned investigating agency to initiate prosecution in special courts. 
 
Under the old bill, prosecution of the case could be done only by the prosecution wing of the Lokpal. 
 
6. Central Bureau of Investigation: For independence of the CBI, in the new bill a directorate of prosecution will be formed. Appointment of the director of prosecution will be on the recommendation of the <keyword id="403158" type="POSITION" weightage="40" keywordseo="Central-Vigilance-Commissioner">Central Vigilance Commissioner</keyword>. 
 
Transfer of officers of CBI investigating cases referred by Lokpal will be only with the approval of Lokpal who will also have superintendence over CBI in relation to Lokpal referred cases. 
 
7. Hearing: The new bill says a government servant will get a hearing before a decision is taken by the Lokpal. 
 
8. Prime Minister: The Prime Minister will be under the purview of the Lokpal with subject matter exclusions and specific process for handling complaints against the Prime Minister. 
 
9. Investigation: Inquiry has to be completed within 60 days and investigation to be completed within six months. Lokpal shall order an investigation only after hearing the public servant. 
 
Inquiry against the prime minister has to be held in-camera and approved by two-thirds of the full bench of the Lokpal. 
 
10. Penalty: False and frivolous complaints - imprisonment up to one year and a fine of up to Rs.1 lakh. Public servants - imprisonment up to seven years. Criminal misconduct and habitually abetting corruption - jail term up to 10 years. 
 
 
Lokpal’s journey to transparency 
 
1966 
 <keyword id="238033" type="PERSON" weightage="40" keywordseo="Morarji-Desai">Morarji Desai</keyword> led First Administrative Reforms Commission recommends setting up of Lokpal at Centre and Lokayukta in states to look into complaints against public functionaries, including MPs 
 
1968-2001 
 
Successive governments introduce Lokpal bill eight times 
 
2002 
 
Justice MN Venkatachaliah led Constitution Review Commission stresses the need for Lokpal and Lokayuktas 
 
2004 
 
UPA-I's national common minimum programme promises that Lokpal bill would be enacted 
 
2005 
 
Veerappa Moily led Second Administrative Reforms Commission reiterates that Lokpal be established without delay 
 
2011 
 Jan: UPA-II's GoM headed by <keyword id="6359124" type="PERSON" weightage="40" keywordseo="Pranab-Mukherjee">Pranab Mukherjee</keyword> suggests a range of anti-corruption measures, including the Lokpal bill 
 Apr 5: <keyword id="57766" type="PERSON" weightage="40" keywordseo="Anna-Hazare">Anna Hazare</keyword> begins his first fast at Jantar Mantar demanding enactment of <keyword id="541695" type="UNKNOWN" weightage="40" keywordseo="Jan-Lokpal-Bill">Jan Lokpal bill</keyword> drafted by his team 
 
Apr 9: Anna ends fast as the government forms a joint drafting committee consisting of ministers and civil society members 
 
Jun 21: The last meeting of the drafting committee ends with the two sides coming up with separate drafts 
 
Aug 4: Govt introduces a Lokpal bill, widely attacked as fl awed 
 
Aug 8: Bill referred to standing committee 
 
Aug 16: Anna launches second fast for Jan Lokpal bill 
 
Dec 22: Govt re-introduces Lokpal and Lokayuktas bill 
 
Dec 27: Lok Sabha passes bill 
 
Dec 29: Introduced in Rajya Sabha 
 
2012 
 
Re-introduced in Rajya Sabha. Referred to select committee 
 
2013 
 
Dec 10: Anna Hazare begins fast in his village in Maharashtra, demanding urgent introduction of a new anti-corruption law 
 
Dec 13: Amended bill tabled in Rajya Sabha 
 
Dec 18: Lok Sabha passes the ammended bill. Anna Hazare breaks his fast. 
 
(With inputs from IANS)

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