2025 · Current AffairsPrevious Year Question
Q58.
Consider the following statements about Lokpal : I. The power of Lokpal applies to public servants of India, but not to the Indian public servants posted outside India. II. 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. 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. IV. Lokpal cannot inquire into the allegations of corruption against a sitting Prime Minister of India. Which of the statements given above is/are correct?
A. III only
B. II and III
C. I and IV
D. None of the above statements is correct
Answer

A

Explanation

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