Private: Parts of Lokpal law need tweaks, feel sections within government

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.