9.7. Issues

♤ Requirement of Government Approval: The Act does not vest power of prior sanction with Lokpal for enquiry and investigation of government officials.

♤ Timeframe limitation: The Act envisages that the Lokpal shall not inquire into any complaint, made after seven years from the date on which the offence has been committed. This restricts the scope, especially in relation to some of the large and complex scams that are exposed from time to time.

♤ No Suo Moto power with Lokpal: The Lokpal has been deprived of the authority of taking suo moto cognizance of the cases of corruption and maladministration.

♤ Constitution of Lokayukta: The Act mandates establishment of the Lokayukta in every state within a period of one year from the date of commencement of this Act. However, there are many states who have not taken action in this regard.

♤ Power and Jurisdiction of the Lokayuktas in States: State legislatures are free to determine the powers and jurisdictions of the Lokayukta which may establish weak Lokayuktas.