Consider the following statements about Lokpal:The power of Lokpal applies to public servants of Ind

Question

Consider the following statements about Lokpal:The power of Lokpal applies to public servants of India, but not to the Indian public servants posted outside India.The Chairperson or a Member shall not be a Member of the Parliament or a Member of the Legislature of any State or Union Territory, and only the Chief Justice of India, whether incumbent or retired, has to be its Chairperson.The Chairperson or a Member shall not be a person of less than forty-five years of age on the date of assuming office as the Chairperson or Member, as the case may be.Lokpal cannot inquire into the allegations of corruption against a sitting Prime Minister of IndiaWhich of the statements given above is/are correct?

Accepted Answer

I. The power of the Lokpal applies to public servants of India, but not to Indian public servants posted outside India. This assertion misrepresents the scope of the Lokpal’s jurisdiction. Section 14(1)(f) of the Lokpal and Lokayuktas Act, 2013 expressly includes within its ambit any individual who is or has been a director, manager, secretary, or other officer of a society, association of persons, or trust (whether registered or not) receiving substantial foreign contributions or domestic donations—regardless of where they are located. Additionally, the Act covers all categories of public servants as defined, including those serving under the Union Government, whether posted within India or abroad. Hence statement I is not correct. II. The Chairperson or a Member shall not be a Member of Parliament or a Member of the Legislature of any State or Union Territory, and only the Chief Justice of India, whether incumbent or retired, has to be its Chairperson. This statement is partially correct but ultimately flawed. Section 3(3)(a) of the Act indeed bars Members of Parliament and State/UT Legislatures from serving as the Chairperson or Members of the Lokpal. However, the second part of the statement is overly restrictive. According to Section 3(2)(a), the Chairperson can be a current or former Chief Justice of India, a former Supreme Court Judge, or an eminent person of impeccable integrity with at least 25 years of experience in areas such as anti-corruption policy, public administration, law, or management. Hence statement II is not correct. III. The Chairperson or a Member shall not be a person of less than forty-five years of age on the date of assuming office as the Chairperson or Member, as the case may be. This statement is accurate. As per Section 3(3)(c) of the Lokpal and Lokayuktas Act, 2013, a person must be at least 45 years old on the date of assuming office to be eligible for appointment as either the Chairperson or a Member of the Lokpal. Hence statement III is correct. IV. Lokpal cannot inquire into the allegations of corruption against a sitting Prime Minister of India. The Lokpal and Lokayuktas Act, 2013 does bring the Prime Minister under its jurisdiction. However, Section 14(1)(a) lays down specific exceptions and procedural safeguards. Inquiries cannot be made into allegations related to international relations, national security (both external and internal), public order, atomic energy, or space. Moreover, any such inquiry must be conducted in camera and can proceed only with the approval of the full bench of the Lokpal, with at least two-thirds of its members consenting. Despite these limitations, the Lokpal is empowered to inquire into allegations against a sitting Prime Minister. Hence statement IV is not correct.