The Lokpal and Lokayuktas Act, a cornerstone of India's anti-corruption framework, is facing renewed scrutiny and calls for modifications to enhance its effectiveness. Sources suggest that the existing law needs amendments to eliminate any potential for discretionary powers and ensure proper enforcement. This push for reform comes amidst concerns about operational issues and ambiguities that have surfaced since the Act's implementation.

The Lokpal and Lokayuktas Act, 2013, was enacted to establish an independent institution to investigate corruption allegations against public functionaries. The Act mandated the establishment of the Lokpal at the Union level and the Lokayukta at the State level. These bodies were designed to function as ombudsmen, addressing citizens' complaints and grievances related to corruption.

However, the Act has faced challenges in its implementation. One key area of concern revolves around the discretionary powers vested in the Lokpal. Sources indicate a need to curb these powers to ensure impartiality and prevent delays in disposing of corruption complaints. Modifications are also being considered to prevent reputational damage during preliminary inquiries. The Act stipulates that the Lokpal cannot initiate investigations on its own, against any public servant.

Another point of discussion is whether the Lokpal should retain the power to override the "competent authority" when deciding on prosecution sanction. The law aims to strike a balance between maintaining the integrity of public service and allowing officials the freedom to perform their duties.

Furthermore, the functioning of benches within the Lokpal system has come under scrutiny. While the Act allows for multiple benches to promote division of work, the current chairperson has opted to preside over all cases in a single bench comprising all members. This approach differs from that of the previous chairperson, who had formed multiple benches.

Several amendments to the Lokpal and Lokayuktas Act have been introduced over the years. The Lokpal and Lokayuktas (Amendment) Act, 2016, addressed the issue of asset declaration by public servants and allowed the leader of the single largest opposition party in the Lok Sabha to be a member of the selection committee in the absence of a recognized Leader of Opposition.

To improve the Lokpal's effectiveness, government officials are considering the establishment of independent investigation and prosecution wings. Enhanced coordination and collaboration between the Lokpal, Lokayukta, law enforcement agencies, and other related bodies could streamline investigations and ensure prompt action on identified cases. It is also important to periodically review the Lokpal and Lokayukta Act to identify loopholes or limitations and facilitate necessary amendments to strengthen their mandate.

The Lokpal's jurisdiction extends to Indian public servants both within and outside India. It includes the Prime Minister (except on allegations of corruption relating to international relations, security, the public order, atomic energy, and space), Ministers, members of Parliament, and various groups of officers and officials of the Central Government.

Despite the challenges, the Lokpal has demonstrated its ability to act decisively when allegations of corruption are clear and substantiated. For example, in a case involving the Container Corporation of India, the Lokpal directed the CBI to register an FIR against a former deputy general manager and others accused of allowing illegal excavation on public land.

The push for modifications to the Lokpal law reflects a commitment to strengthening India's anti-corruption framework and ensuring greater accountability in public service. By addressing the existing shortcomings and ambiguities, the government aims to make the Lokpal a more effective tool in combating corruption and promoting good governance.