Lokpal, CBI & ED
The administrative machinery against Corruption & Maladministration.
| Analyze the composition, jurisdiction, powers, and shortcomings of the Lokpal under the Lokpal and Lokayuktas Act 2013. | - Genesis: Anna Hazare’s "India Against Corruption" movement (2011). - Composition: Chairperson (ex-CJI/SC Judge) + Max 8 members (50% judicial, 50% SC/ST/OBC/Women). - Jurisdiction: PM (with safeguards), Ministers, MPs, Group A-D officers, and NGOs receiving ₹10L+ foreign funds. - Powers: Power of a Civil Court; can direct CBI; can recommend transfers/suspensions. - Shortcomings: - Delayed Start: First Lokpal appointed only in 2019 (5 years late). - 80% Pendency: Most complaints in 2019-20 still pending hearing. - Judiciary Exclusion: Remains outside the ambit. |
| Explain the origin, statutory challenges (general consent and prior approvals), and recent amendments to the CBI. | - Origin: Santhanam Committee (1963); derives power from DSPE Act 1946. - Challenges: - "Caged Parrot": SC's critique of political interference. - General Consent: 9+ states (WB, Kerala, Punjab, etc.) have withdrawn 'General Consent', requiring case-to-case permission (Special Consent). - Section 6A (DSPE): Requirement of prior approval to probe Joint Secretary & above (Quashed by SC, but administrative hurdles remain). - 2021 Amendment: Tenure of Director extended up to 5 years (1-year extensions) in "Public Interest". |
| Describe the mandate, regional organization, and controversial powers (burden of proof, ECIR) of the Enforcement Directorate (ED). | - Mandate: Enforcing PMLA 2002 and FEMA 1999. - Organization: HQs in New Delhi; 5 Regional Offices (Mumbai, Chennai, Chandigarh, Kolkata, Delhi) + 10 Zonal Offices. - Controversial Powers: - Burden of Proof: Rests on the accused (Section 24 PMLA). - ECIR: Not a public document like FIR; copy not mandatory for the accused. - SC Ruling (Vijay Madanlal 2022): Upheld ED’s powers of arrest, attachment, and search under PMLA as proportional and constitutional. |
| Analyze the debate surrounding lateral entry in civil services, listing arguments for and against. | - Need for Specialists: NITI Aayog's Three-Year Action Agenda (2017-20) advocated for domain experts to "add competitiveness to the career bureaucracy." - Arguments FOR: - Technical Knowledge: Specialists (e.g., Nandan Nilekani, Vijay Kelkar) bring ground-level insights. - Vacancy Gap: Helps fill the shortfall of ~1,500 IAS officers (Baswan Committee). - Fresh Life: Breaks the "Generalist" monotony and induces professionalism. - Arguments AGAINST: - Field Experience Gap: Outsiders may lack the ground-level administrative pulse (e.g., Wall Street bankers failing to understand rural needs). - Internal Tussle: Can demoralize career civil servants and lead to lack of cooperation. - Accountability: Short tenures (3-5 years) make it difficult to maintain long-term institutional accountability. |
| Explain the role and limitations of the Central Vigilance Commission (CVC) and list key Mains keywords. | - Role: Advisory body for vigilance in the Central Govt. - Limitations: Only recommendatory powers; lacks the power to register FIRs (depends on CBI/Police). Key Phrases for Mains: Caged Parrot; General vs Specific Consent; DSPE Act 1946; Pecuniary Jurisdiction; PMLA Section 24; Vijay Madanlal Case; Institutions-Saturated; Integrity-Verified. |
| Summarize the way forward for institutional accountability in India. | - Moving from "Investigative Overlap" to "Autonomy-Saturated & Conviction-Verified Institutional Saturation." |