Q. 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?
Exp) Option a is the correct answer.
The Lokpal and Lokayuktas Act, 2013 provides for the establishment of a body of Lokpal for the Union. It is envisaged to inquire into allegations of corruption against certain public functionaries.
Statement 1 is incorrect. The Lokpal and Lokayuktas Act, 2013 shall apply to public servants in and outside India. Thus, the Lokpal has jurisdiction over all public servants, whether posted in India or abroad.
Statement 2 is incorrect. Section 3 of the Lokpal Act says that the Chairperson or a Member of Lokpal shall not be a member of Parliament or a member of the Legislature of any State or Union territory. It also provides that the Lokpal shall consist of a Chairperson, who is or has been a Chief Justice of India or is or has been a Judge of the Supreme Court or an eminent person.
Statement 3 is correct. Section 3 of the Lokpal Act says that 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.
Statement 4 is incorrect. According to Section 14 of the Act, the jurisdiction of the Lokpal extends to any person who is or has been a Prime Minister. However, there are exceptions here. There are certain cases in which Lokpal shall not inquire into any matter involving the Prime Minister. For example: relating to international relations, external and internal security, public order, atomic energy and space. Also, an inquiry can be initiated against the Prime Minister only if a full bench of the Lokpal consisting of its Chairperson and all Members considers the initiation of inquiry and at least two-thirds of its Members approves of such inquiry.
Source:
https://www.pib.gov.in/PressReleasePage.aspx?PRID=2093664
https://lokpal.gov.in/pdfs/FreqAQs.pdf
https://dopt.gov.in/sites/default/files/407_06_2013-AVD-IV-09012014_0.pdf
Indian Polity by M.Laxmikant Chapter 61
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