LOKPAL IN INDIA: PROMISE VS PERFORMANCE

The Lokpal and Lokayuktas Act of 2013 was passed as a result of the biggest anti-corruption campaign seen in independent India and it committed to setting up a strong, independent ombudsman who would be able to look into and take legal action against the highest public officials. This article assesses the institution in light of that commitment. Based on the text of the Act, data made available by the Lokpal, answers given by Parliament, court rulings and other secondary comments, the paper looks at the statutory structure of the institution, the delay in its actual establishment in 2019, its record regarding the receipt and handling of complaints, and its more recent interactions with both the Supreme Court and the Delhi High Court. The paper concludes that while the Lokpal has met the promise regarding its institutional existence it has not yet fulfilled the promise concerning deterrence. There has been a sharp decline in the number of complaints, preliminary inquiries and decisions to prosecute are still rare, and the organisation continues to rely on the Central Bureau of Investigation (CBI) and the executive for investigations, staff and funding. The gap between what was promised and what has actually happened is due to four factors: the compromises reached during the legislative process, the executive's influence over appointments and resources, the limited capacity for investigation, and the ongoing uncertainty regarding the scope of the Lokpal's own powers. The paper ends with a series of reform suggestions aimed at enhancing independence, capacity, transparency and legal clarity. Keywords: Lokpal, ombudsman, corruption, accountability; Lokayukt, prosecution sanction, India.