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?
Contents14
- AIII only
- BII and III
- CI and IV
- DNone of the above statements is correct
Show answer
Answer: (A) III only
Let's check each statement about the Lokpal:
(I) 'Lokpal power doesn't apply to Indian public servants posted outside India' — INCORRECT.
The Lokpal's jurisdiction extends to all public servants as defined in the Act, regardless of where they are posted.
A public servant posted in an Indian embassy abroad, for instance, would still be within Lokpal's jurisdiction.
✗
(II) 'Only the CJI can be Chairperson' — INCORRECT.
Under the Lokpal Act, the Chairperson can be a person who is or has been a Chief Justice of India OR a judge of the Supreme Court OR an eminent person of impeccable integrity and outstanding ability having special knowledge.
It is NOT restricted to only the CJI.
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(III) 'Minimum age of 45 years for Chairperson/Member' — CORRECT.
Section 3(2) of the Lokpal and Lokayuktas Act, 2013 clearly states that no person shall be appointed as Chairperson or Member if they are less than 45 years of age.
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(IV) 'Lokpal cannot inquire against a sitting PM' — INCORRECT.
The Lokpal CAN inquire into allegations against a sitting Prime Minister, but with special safeguards: the full bench must consider the case, the hearing must be in camera (private), and if the Lokpal decides not to proceed, the records cannot be made public.
The PM is excluded only for matters related to international relations, external/internal security, public order, and atomic energy.
✗
Only Statement III is correct. Answer is (a).
The Lokpal Act 2013 created India's first national anti-corruption ombudsman with jurisdiction over the Prime Minister, ministers, MPs, and all central government employees including those in Group A, B, C, and D services.
After years of delay, India finally appointed its first Lokpal chairperson in 2019, making questions about Lokpal's powers and composition highly relevant for testing knowledge of this newly operational institution.
Lokpal Jurisdiction & Scope
Indian Polity Lokpal public servants jurisdiction
Lokpal Jurisdiction: Who Falls Under Its Purview
Lokpal covers all public servants as defined in the Act, including those posted abroad
Prime Minister is included but with special safeguards and limited exclusions
Territorial jurisdiction extends beyond India's borders for Indian public servants
What is Lokpal
Lokpal is India's anti-corruption ombudsman established under the Lokpal and Lokayuktas Act, 2013. It investigates corruption allegations against public functionaries including the Prime Minister, Ministers, and public servants.
Lokpal Coverage
Category | Covered | Special Conditions |
|---|---|---|
Prime Minister | Yes | Full bench hearing, in camera proceedings |
Union Ministers | Yes | Standard procedure |
MPs | Yes | Standard procedure |
Public Servants (India) | Yes | As defined in the Act |
Public Servants (Posted Abroad) | Yes | Indian embassy staff, diplomats etc. |
Judiciary | No | Separate mechanism under discussion |
Armed Forces | No | Excluded from Lokpal jurisdiction |
PM Exclusions
International relations - diplomatic matters excluded
External and internal security - defence and security issues
Public order - law and order situations
Atomic energy - nuclear program matters
Statement I Trap: Claims Indian public servants posted abroad are excluded - this is false
Statement IV Trap: Claims PM cannot be investigated at all - PM is covered with special procedures
Confusing territorial limits with subject matter exclusions for PM cases
Lokpal Composition & Eligibility
Indian Polity Chairperson Member Chief Justice forty-five years
Lokpal Chairperson & Members: Eligibility & Appointment
Minimum age: 45 years for Chairperson and Members
Chairperson can be CJI, SC Judge, or eminent person - not restricted to CJI only
Cannot be MP or MLA during tenure
Selection Committee includes PM, Lok Sabha Speaker, Leader of Opposition, CJI
Composition Structure
Lokpal consists of one Chairperson and up to 8 members. At least 50% members must be from judicial background, and 50% must be from SC/ST/OBC/minority communities and women.
Eligibility Criteria
Position | Who Can Be Appointed | Key Requirements |
|---|---|---|
Chairperson | CJI (serving/retired) | Min 45 years, outstanding integrity |
Chairperson | Supreme Court Judge (serving/retired) | Min 45 years, special knowledge |
Chairperson | Eminent Person | Min 45 years, impeccable integrity, outstanding ability |
Judicial Member | High Court CJ or SC Judge | Min 45 years |
Non-Judicial Member | Eminent Person with admin/legal experience | Min 45 years, 25+ years experience |
Disqualifications
Cannot be MP or MLA during tenure as Chairperson/Member
Cannot hold office of profit under Union/State government
Must not have been convicted of any offence involving moral turpitude
Cannot have financial interest that could affect independence
Selection Process
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**Selection Committee Meeting**
PM (Chairperson), Lok Sabha Speaker, Leader of Opposition, CJI/nominee`"]
s2["`**Search Committee Recommendation**
Headed by former CJI, recommends names`"]
s3["`**Committee Deliberation**
Majority decision required for selection`"]
s4["`**Presidential Appointment**
President appoints based on committee recommendation`"]
s1 --> s2
s2 --> s3
s3 --> s4Statement II Trap: Claims only CJI can be Chairperson - actually CJI OR SC Judge OR eminent person
Statement III: Age requirement of 45 years is correct - this was the right answer
Confusing Lokpal eligibility with Supreme Court Judge appointment criteria
Lokpal & Lokayuktas Act 2013
Indian Polity Lokpal and Lokayuktas Act 2013
Lokpal & Lokayuktas Act 2013: Key Provisions & Framework
Enacted in 2013, operationalized in 2019 with first Lokpal appointment
Creates Lokpal (Centre) and Lokayuktas (States) as anti-corruption ombudsmen
Section 3(2) mandates minimum age of 45 years for appointments
Emerged from Anna Hazare movement and Jan Lokpal Bill campaign
Historical Context
The Act originated from the Jan Lokpal movement led by Anna Hazare in 2011. After decades of debate since the first Lokpal Bill in 1968, it was finally enacted following massive public protests demanding strong anti-corruption legislation.
Key Sections Tested in UPSC
Section | Provision | UPSC Relevance |
|---|---|---|
Section 3(2) | Minimum age 45 years | Direct question in this PYQ |
Section 14 | Lokpal jurisdiction and powers | Scope of investigation |
Section 4 | Lokayuktas in states | Federal structure |
Section 44 | Special procedure for PM | In camera hearings |
Section 58 | Exclusions for PM | International relations, security etc. |
Act Framework
# Lokpal Act 2013
## Central Level
- Lokpal
- Chairperson + 8 Members
- PM, Ministers, MPs coverage
## State Level
- Lokayuktas
- CM, Ministers, MLAs coverage
- State-specific rules
## Special Features
- Time-bound inquiry
- Asset recovery
- Prosecution powers
## Safeguards
- PM exclusions
- In camera hearings
- National security protectionImplementation Timeline
2013: Act passed by Parliament after Jan Lokpal movement
2014-2018: Delayed implementation due to selection committee issues
March 2019: Justice Pinaki Chandra Ghose appointed as first Lokpal Chairperson
2020 onwards: Lokpal began accepting and investigating complaints