Lokpal and Lokayuktas, the CVC and the CBI

Anti-corruption architecture

India's institutional framework against corruption has several pieces: the Prevention of Corruption Act, 1988 (amended in 2018), the Central Vigilance Commission (CVC) for supervision, the Central Bureau of Investigation (CBI) for investigation, the Lokpal at the Centre and Lokayuktas in states as ombudsmen, the Enforcement Directorate for money laundering (PMLA, 2002), and transparency tools such as the RTI Act and the Whistle Blowers Protection Act, 2014. The concept of an ombudsman comes from Sweden (1809).

Lokpal and Lokayuktas Act, 2013

History: the First Administrative Reforms Commission (1966), chaired by Morarji Desai, recommended a Lokpal at the Centre and Lokayuktas in states. The term "Lokpal" was coined by L.M. Singhvi in 1963. Lokpal bills were introduced eight times between 1968 and 2011 but lapsed. After the India Against Corruption movement led by Anna Hazare (2011), Parliament passed the Lokpal and Lokayuktas Act, 2013 (in force from 16 January 2014). The first Lokpal, Justice Pinaki Chandra Ghose, was appointed in March 2019; Justice A.M. Khanwilkar became chairperson in 2024.

Composition: a chairperson and up to eight members, of whom 50% must be judicial members and at least 50% of members must be from SCs, STs, OBCs, minorities and women.

• Chairperson: a former CJI or Supreme Court judge, or an eminent person of impeccable integrity with at least 25 years' expertise in anti-corruption policy, public administration, vigilance, finance, law or management.
• Judicial members: former Supreme Court judges or High Court Chief Justices.

Selection: by the President on the recommendation of a selection committee of the Prime Minister (chair), the Speaker, the Leader of the Opposition in the Lok Sabha (or leader of the largest opposition party – a 2016 amendment), the CJI or a judge nominated by the CJI, and an eminent jurist nominated by the President on the recommendation of the other members. A search committee prepares the panel.

Term: five years or until 70. Removal by the President on grounds of misbehaviour after a Supreme Court inquiry on a reference (petition signed by at least 100 MPs).

Jurisdiction:

• The Prime Minister – but not in allegations relating to international relations, external and internal security, public order, atomic energy and space; and any inquiry against the PM needs approval of a full bench of the Lokpal with two-thirds of members, held in camera.
• Ministers, MPs (except for anything said or voted in Parliament, protected by Article 105), Group A, B, C and D officers of the Central government, and persons in charge of bodies funded by the Centre or receiving foreign contributions above ₹10 lakh.
• It has an Inquiry Wing and a Prosecution Wing, and can superintend and direct the CBI in cases referred to it; CBI officers investigating such cases cannot be transferred without Lokpal approval. It can order attachment of assets acquired by corruption.
• Time limits: preliminary inquiry within 90 days (extendable), investigation within six months (extendable), trial in special courts within one year (extendable to two).

Lokayuktas: every state had to establish a Lokayukta by law within one year of the Act. Maharashtra (1971) set up the first Lokayukta; Odisha passed an Act in 1970 but it came into force only in 1983. Their powers vary widely – some have no jurisdiction over the CM or investigating machinery of their own; Karnataka's Lokayukta under Justice N. Santosh Hegde was noted for its illegal-mining report (2011).

Criticism: complaints received have been relatively few and few cases have reached prosecution; the Lokpal depends on the CBI and CVC for investigation; the PM exclusions; and requirements for complainants' particulars (with penalties for false complaints) discourage complaints.

Central Vigilance Commission

Set up in 1964 by an executive resolution on the recommendation of the K. Santhanam Committee on Prevention of Corruption (1962–64). In Vineet Narain (1997) the Supreme Court directed that it be given statutory status, which it obtained through an ordinance in 1998 and the CVC Act, 2003. It is the apex vigilance institution, free of executive control.

Composition: a Central Vigilance Commissioner and up to two Vigilance Commissioners, appointed by the President on the recommendation of a committee of the Prime Minister, the Union Home Minister and the Leader of the Opposition in the Lok Sabha. Term four years or 65; not eligible for further government employment. Removal like other statutory bodies – misbehaviour after a Supreme Court inquiry.

Functions:

• Inquire or cause an inquiry into offences under the Prevention of Corruption Act by central government employees (Group A officers and equivalent officers of PSUs, public sector banks and others).
• Superintend the Delhi Special Police Establishment (CBI) in corruption cases; review progress of CBI investigations. Under the Lokpal Act, the CVC conducts preliminary inquiries into Group C and D employees referred by the Lokpal.
• Advise on vigilance matters; review vigilance administration of ministries through Chief Vigilance Officers (CVOs).
• Its recommendations are advisory; it submits an annual report to the President.
• It is the designated agency to receive complaints under the Public Interest Disclosure and Protection of Informers (PIDPI) Resolution, 2004.
• The Director of Enforcement is appointed on the recommendation of a committee headed by the CVC.

Central Bureau of Investigation

Set up in 1963 by a Home Ministry resolution, on the recommendation of the Santhanam Committee; it draws its legal powers from the Delhi Special Police Establishment (DSPE) Act, 1946. It is not a statutory body in itself. It is the main investigating agency of the Central government for corruption, economic crimes and special crimes; it is also India's national central bureau for Interpol. It functions under the Department of Personnel and Training (Ministry of Personnel), with superintendence for corruption cases by the CVC.

Director: appointed by the Central government on the recommendation of a committee of the Prime Minister, the Leader of the Opposition (or leader of the largest opposition party) and the CJI or a Supreme Court judge nominated by the CJI (amended by the Lokpal Act). Term of two years minimum; the 2021 amendment allows extensions of one year at a time up to five years in all.

Consent of states (Section 6, DSPE Act): the CBI needs the consent of a state government to investigate in that state. Most states give general consent, but several have withdrawn it at various times (West Bengal, Kerala, Punjab, Rajasthan, Maharashtra, Jharkhand, Chhattisgarh, Mizoram, Tamil Nadu, Telangana, Karnataka and others), after which the CBI must seek case-by-case consent. Courts can order CBI probes without state consent.

Prior sanction: Section 17A of the Prevention of Corruption Act (2018 amendment) requires prior approval of the competent authority before any inquiry or investigation into a public servant's decisions taken in official capacity. The earlier "single directive" requiring such approval for senior officers was struck down in Vineet Narain (1997) and its statutory version (Section 6A of the DSPE Act) in Subramanian Swamy (2014).

Criticism: the Supreme Court in 2013 (coal block case) called the CBI a "caged parrot" speaking in its master's voice; dependence on the government for staff and budget; a deputation-based workforce; and politicisation. Reforms suggested: a separate statute for the CBI with autonomy (as recommended by a parliamentary committee in 2007 and the 24th report of the Parliamentary Standing Committee), financial autonomy and its own cadre.

Practice: Mains question

*"Multiplicity of anti-corruption agencies has not translated into effective accountability." Examine with reference to the Lokpal, CVC and CBI. (250 words)* Outline the mandate of each, overlaps (Lokpal–CVC–CBI), dependence on government for staff, prior sanction rules, state consent; suggest an integrated anti-corruption framework, statutory CBI, adequate investigative capacity for the Lokpal, and stronger whistleblower protection.

Common traps

• The term "Lokpal" was coined by L.M. Singhvi; the first ARC (1966) recommended it; Act 2013; first Lokpal 2019.
• Lokpal selection committee includes the CJI; CVC selection committee includes the Home Minister.
• The CBI is not statutory; it derives power from the DSPE Act, 1946.
• The CVC was given statutory status in 2003 after Vineet Narain.