Explore the Lokpal, India’s premier anti-corruption watchdog, its structure, powers, and role in tackling corruption, alongside the recent controversy over its BMW car tender, raising questions about accountability and use of public funds.
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NEW DELHI: Corruption has been a persistent challenge in India’s administrative and political framework. It erodes trust in institutions, hampers economic growth, and undermines democratic governance. In an effort to combat this menace, India established the Lokpal and Lokayukta, independent statutory bodies designed to investigate corruption allegations against public officials.
Let’s explore the origin, structure, powers, and significance of the Lokpal system, as well as its limitations and the way forward.
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Maladministration is often described as a termite that silently weakens the foundation of governance. Corruption, its root cause, diverts public resources for private gain and weakens public confidence.
Despite having several anti-corruption bodies like the Central Bureau of Investigation (CBI) and the Central Vigilance Commission (CVC), these institutions were often criticized for lacking independence. The Supreme Court itself once called the CBI a “caged parrot”.
Against this backdrop, there was a growing demand for an independent institution free from political influence, an ombudsman-like body that could effectively investigate and address corruption complaints. This led to the establishment of the Lokpal at the Union level and the Lokayukta at the state level.
Background: How the Idea of Lokpal Evolved
The concept of the ombudsman originated in Sweden in 1809. It spread across the world during the 20th century, adopted by countries such as New Zealand (1962), Norway (1962), and Great Britain (1967).
In India, the idea was first introduced by Ashok Kumar Sen, then Law Minister, in the early 1960s. The terms Lokpal (for the Centre) and Lokayukta (for the States) were coined by Dr. L. M. Singhvi.
The First Administrative Reforms Commission (1966) recommended establishing independent authorities to handle complaints against public functionaries, including Members of Parliament. However, despite several attempts between 1968 and 2011, the Lokpal Bill repeatedly lapsed.
It was the India Against Corruption movement (2011), led by Anna Hazare, that reignited the issue. Intense public pressure finally led to the passage of the Lokpal and Lokayuktas Act, 2013, which came into force on 16 January 2014.
Structure of Lokpal
The Lokpal is a multi-member body consisting of:
- One Chairperson
- Up to eight members
Composition Requirements
- Half of the members must be judicial members.
- 50% of members must be from SC/ST/OBC/minorities or women.
- The Chairperson must be a former Chief Justice of India, Judge of the Supreme Court, or an eminent person with at least 25 years of experience in public administration, law, vigilance, finance, or management.
Tenure and Appointment
- The term of office is five years or until the age of 70 years.
- Appointments are made by the President of India based on the recommendation of a Selection Committee comprising:
- Prime Minister (Chairperson)
- Speaker of Lok Sabha
- Leader of the Opposition in the Lok Sabha
- Chief Justice of India or a nominee
- One eminent jurist
A Search Committee of at least eight persons assists in preparing a panel of candidates for consideration.
Jurisdiction and Powers of Lokpal
The Lokpal’s jurisdiction extends over:
- The Prime Minister (with some exceptions related to national security and foreign affairs)
- Ministers
- Members of Parliament
- Central Government employees (Groups A, B, C, and D)
- Officials of bodies or societies funded or controlled by the central government
Powers and Functions
- Superintendence over CBI: When the Lokpal refers a case to the CBI, the investigating officer cannot be transferred without its consent.
- Civil Court Powers: The Inquiry Wing of the Lokpal can summon witnesses, collect evidence, and issue directions like a civil court.
- Asset Confiscation: It can order the confiscation of assets obtained through corrupt means.
- Suspension/Transfer Recommendations: Lokpal can recommend the suspension or transfer of officials involved in corruption allegations.
- Record Protection: It can direct authorities to preserve records during preliminary inquiries.
The Lokpal and Lokayuktas (Amendment) Act, 2016
The 2016 Amendment refined the 2013 Act:
- It changed Section 44, which required public servants to declare their assets within 30 days of joining service.
- Now, the declaration is to be made in the manner and form prescribed by the government, offering more flexibility.
Limitations of the Lokpal System
Despite being a significant reform, the Lokpal system faces several challenges:
- Delayed Implementation: Even years after the Act was passed, appointments were delayed due to political reluctance.
- Political Influence: The Selection Committee includes political leaders, risking bias in appointments.
- Judiciary Excluded: The Lokpal has no jurisdiction over the judiciary.
- Weak Whistleblower Protection: The Act allows action against complainants if the accused is found innocent, discouraging genuine complaints.
- No Constitutional Status: Being a statutory body, Lokpal lacks the strength of constitutional protection.
- State-Level Disparity: Only about half of the Indian states have appointed Lokayuktas.
- Limited Time Frame for Complaints: Corruption complaints cannot be filed after seven years from the alleged offence.
Controversy: Lokpal’s BMW Car Tender
Despite being established as India’s premier anti-corruption watchdog, the Lokpal has recently faced criticism over a tender issued for seven BMW 3 Series 330Li cars, drawing scrutiny from political leaders, activists, and citizens.
The tender, published on October 16, 2025, specifies the ‘M Sport’ model with a long wheelbase in white, with bids due by November 6. The total cost is estimated at around Rs 5 crore, equivalent to 10% of the Lokpal’s annual budget. Delivery is expected within two weeks to 30 days from the supply order, with no extension permitted.
The current seven-member Lokpal, led by Chairperson Justice A. M. Khanwilkar, includes former Chief Justices, senior bureaucrats, and officials from diverse backgrounds. The body is functioning one member short of its authorized strength of eight.
Public and Political Reaction
The tender sparked criticism across social media and political circles:
- Amitabh Kant, former CEO of NITI Aayog, urged the Lokpal to opt for Make-in-India electric vehicles instead.
- Prashant Bhushan, activist, highlighted the perceived extravagance, questioning the use of taxpayer money.
- P. Chidambaram and Abhishek Manu Singhvi criticized the tender, calling it ironic and inconsistent with the institution’s anti-corruption mandate. Singhvi pointed out that 8,703 complaints resulted in only 24 probes, yet BMWs worth Rs 70 lakh each were being purchased.
- TMC MP Saket Gokhale emphasized that the cost of cars equals 10% of Lokpal’s annual budget, questioning accountability.
- Shiv Sena MP Priyanka Chaturvedi described the move as a “Gazab ka Jokepal at Indian taxpayers’ expense,” criticizing the contrast with the government’s Swadeshi and Make-in-India initiatives.
The Lokpal, established under the Lokpal and Lokayuktas Act, 2013, is designed to act independently, investigating corruption complaints against public officials, including Ministers, MPs, and government officers. As a statutory body, its credibility depends on perceived integrity, accountability, and prudent use of public funds.
The BMW tender has raised questions about the alignment of operational decisions with the institution’s mission, sparking debate on whether the watchdog itself should be subjected to public scrutiny regarding expenditure and ethics.
Corruption in India
What is Corruption?
Corruption is the misuse of entrusted power for personal gain. In India, it has become deeply entrenched, often perceived as a social norm, reflecting a failure of ethics in public life.
Reasons Behind Corruption in India
- Lack of Transparency: Secrecy in government processes enables corrupt practices.
- Weak Institutions: Law enforcement, judiciary, and oversight bodies often fail to hold corrupt officials accountable.
- Impunity: Inadequate punishment encourages further corruption.
- Low Salaries: Poorly paid officials may accept bribes to supplement income.
- Bureaucratic Red Tape: Complicated procedures create opportunities for bribery.
- Political Interference: Politicians sometimes pressure officials to engage in corruption.
- Cultural Acceptance: A mindset of “everyone does it” perpetuates corruption.
- Lack of Whistleblower Protection: Fear of retaliation discourages reporting.
- Social Inequality: Power and wealth allow some to bypass rules.
In the Civil Services:
- Politicisation of appointments
- Low wages
- Administrative delays
- Colonial legacy of unquestioned authority
- Weak law enforcement
Impact of Corruption in India
Corruption has wide-ranging consequences that go beyond financial loss:
- Political Costs: Weakens trust in institutions and erodes democratic legitimacy.
- Economic Costs: Distorts resource allocation, increases transaction costs, and reduces investment.
- Social Costs: Promotes unethical behaviour and undermines social values.
- Environmental Costs: Encourages environmentally harmful projects for personal gain.
- National Security Risks: Can compromise defense procurement, recruitment, and security operations.
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Other Legal and Institutional Frameworks
India’s anti-corruption ecosystem includes several complementary laws and bodies:
- Prevention of Corruption Act, 1988 (amended 2018): criminalizes bribery by officials and citizens
- Prevention of Money Laundering Act, 2002: prohibits the use of illicit funds
- Companies Act, 2013: governs corporate fraud and corruption
- Serious Frauds Investigation Office (SFIO)
- IPC & Benami Transactions Act: criminalize bribery, fraud, and illicit property holdings
- Lokpal and Lokayuktas Act, 2013: establishes ombudsman institutions
- Foreign Contribution (Regulation) Act, 2010
- Central Vigilance Commission (CVC): an independent statutory body since 2003, supervises vigilance administration
Summary
Corruption in India is deeply rooted, affecting governance, economy, and society. Legal frameworks, ethical governance, and administrative reforms are crucial for prevention. Strengthening transparency, accountability, and civic participation, along with independent oversight institutions like the Lokpal, are key to building a corruption-free India.
