More than a decade after its enactment, the Lokpal and Lokayuktas Act is witnessing a crucial development with the official notification of the constitution of the Lokpal's prosecution wing. This move marks a significant step forward in the operationalization of the anti-corruption ombudsman, which is mandated to probe corruption allegations against public servants.
The Lokpal and Lokayuktas Act, enacted in 2013 and officially commencing in 2014, envisioned the establishment of a robust mechanism to combat corruption at the national level. However, the actual functioning of the Lokpal was delayed, with the appointment of its chairperson and members only taking place in 2019. Even then, the focus was initially placed on establishing the inquiry wing, responsible for conducting preliminary investigations into corruption complaints.
Section 12 of the Lokpal and Lokayuktas Act, 2013, explicitly requires the Lokpal to constitute a prosecution wing. This wing is essential for prosecuting public servants in cases where the Lokpal, based on its inquiry, finds sufficient evidence of corruption. The recent notification fulfills this long-standing statutory obligation, paving the way for more effective prosecution of corruption offenses.
The decision to activate the prosecution wing comes in response to an increasing number of cases ready for prosecution. Recognizing the need for a dedicated body to handle these cases, the full bench of the Lokpal, in a resolution dated June 5, 2025, decided to prioritize the establishment of the prosecution wing. The initial plan involves appointing officers on deputation to staff the wing, ensuring its immediate functionality.
The Lokpal had previously approved the organizational structure for the prosecution wing in September 2024, outlining the required number of officers and staff. While the inquiry wing was prioritized initially due to a limited number of prosecution cases, the growing caseload has now necessitated the creation of a dedicated prosecution arm.
With the prosecution wing now in place, the Lokpal is expected to expedite the handling of graft cases in courts. This development is crucial for addressing corruption within the public sector and ensuring accountability among public servants. The government has clarified that the Lokpal is responsible for appointing key officials in the prosecution and inspection wings, emphasizing the independence of the anti-corruption ombudsman.
This move towards strengthening the Lokpal's operational capabilities aligns with broader efforts to combat corruption and promote transparency in governance. Lokpal Chairperson, Justice A.M. Khanwilkar, has emphasized the importance of specialized expertise in areas such as forensic accounting and cyber investigation to effectively address the increasingly sophisticated nature of corruption. Furthermore, Justice Khanwilkar has advocated for increased collaboration between the Lokpal and other agencies, including the CBI, Vigilance Commissions, and the judiciary, to create a united front against corruption.
Despite this progress, challenges remain. Concerns have been raised about the Lokpal's effectiveness, with a significant percentage of complaints being rejected due to procedural issues. There are also concerns about the seven-year limitation period for filing complaints, which may prevent victims from reporting corruption after a certain time. Some have even described the Lokpal as a "toothless" body, citing its limited capacity for action and narrow jurisdictional scope.
To address these concerns, some experts have suggested extending the temporal jurisdiction for complaints and increasing public awareness about the Lokpal's role and functions. Revitalizing the institution through time-bound reforms and legislative amendments is seen as crucial to transforming the Lokpal from a symbolic watchdog into a genuine pillar of accountability.
