Previous Year Question
Consider the following statements about Lokpal:
The power of Lokpal applies to public servants of India, but not to Indian public servants posted outside India.
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.
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 allegations of corruption against a sitting Prime Minister of India.
Which of the statements given above is/are correct?
3 only
2 and 3 only
1 and 4 only
None of the above statements is correct
Correct Answer: A
Detailed Solution
Statement 1 is incorrect. The jurisdiction of the Lokpal and Lokayuktas Act, 2013 may extend to Indian public servants serving both within and outside India. Section 14 prescribes the Lokpal’s jurisdiction over corruption allegations involving public servants under the Union Government. An Indian public servant does not fall outside Lokpal’s jurisdiction merely because the person is posted outside India.
Statement 2 is incorrect. It is correct that the Chairperson or a Member of Lokpal cannot be a Member of Parliament or a Member of the Legislature of a State or Union Territory. However, it is incorrect to state that only the Chief Justice of India may serve as Chairperson.
The Chairperson may be a person who is or has been the Chief Justice of India, who is or has been a judge of the Supreme Court, or an eminent person possessing the prescribed qualifications and experience. The office is therefore not restricted to an incumbent or retired Chief Justice of India.
Statement 3 is correct. Under the Act, a person must have completed at least 45 years of age on the date of assuming office as Chairperson or Member. A person below 45 years cannot therefore be appointed to either office.
Statement 4 is incorrect. Subject to specified safeguards and exceptions, Lokpal may inquire into corruption allegations against a sitting Prime Minister. Consideration of such a complaint requires the approval of the full Bench of Lokpal and at least a two-thirds majority of its members. The proceedings must be held in camera.
Lokpal cannot inquire into a Prime Minister’s decisions relating to international relations, external and internal security, public order, atomic energy and space. If the complaint is dismissed, the related records cannot be published or made available.
Composition of Lokpal: Lokpal may consist of a Chairperson and up to eight Members. Fifty per cent of the Members must be Judicial Members. At least 50% of the total membership must be drawn from the Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities and women.