Q. Consider the following statements about Lokpal:

  1. The power of Lokpal applies to public servants of India, but not to the Indian public servants posted outside India.
  2. 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.
  3. 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.
  4. Lokpal cannot inquire into the allegations of corruption against a sitting Prime Minister of India.

Which of the statements given above is/are correct?

  • 3 only
  • 2 and 3
  • 1 and 4
  • None of the above statements is correct

Answer: (a) 3 only

Notes:
  • The Lokpal’s jurisdiction includes public servants posted both within and outside India.
    • Hence, Indian public servants posted abroad are also covered under the Lokpal Act.
  • The Lokpal Chairperson can be:
    • A former Chief Justice of India, or
    • A former Judge of the Supreme Court, or
    • An eminent person with integrity and 25+ years of experience.
    • It is not restricted only to the Chief Justice of India.
    • The statement mixes correct (no MPs/MLAs allowed) and incorrect parts (Chairperson requirement), so it’s considered incorrect as a whole.
  • As per the Lokpal and Lokayuktas Act, minimum age for Chairperson or Member is 45 years.
  • Lokpal can inquire against the sitting Prime Minister under specific conditions.
    • However, inquiry is restricted in matters like:
      • International relations
      • Public order
      • External and internal security
      • Atomic energy and space
    • So, the statement that Lokpal “cannot” inquire is incorrect.
Structure of Lokpal
  • Lokpal is a multi-member body, that consists of one chairperson and a maximum of 8 members.
  • Chairperson of the Lokpal should be either the former Chief Justice of India or the former Judge of Supreme Court or an eminent person with impeccable integrity and outstanding ability, having special knowledge and expertise of minimum 25 years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.
  • Out of the maximum 8 members, half will be judicial members and minimum 50% of the Members will be from SC/ ST/ OBC/ Minorities and women.
  • The judicial member of the Lokpal either a former Judge of the Supreme Court or a former Chief Justice of a High Court.
  • The non-judicial member should be an eminent person with impeccable integrity and outstanding ability, having special knowledge and expertise of minimum 25 years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.
  • The term of office for Lokpal Chairman and Members is 5 years or till the age of 70 years.
  • The members are appointed by the president on the recommendation of a Selection Committee.
  • The selection committee is composed of the Prime Minister who is the Chairperson, Speaker of Lok Sabha, Leader of Opposition in Lok Sabha,  Chief Justice of India or a Judge nominated by him/her and One eminent jurist.
  • For selecting the chairperson and the members, the selection committee constitutes a search panel of at least eight persons.
Jurisdiction of Lokpal and its Powers
  • Jurisdiction of Lokpal includes Prime Minister, Ministers, members of Parliament, Groups A, B, C and D officers and officials of Central Government.
  • Jurisdiction of the Lokpal included the Prime Minister except on allegations of corruption relating to international relations, security, the public order, atomic energy and space.
  • The Lokpal does not have jurisdiction over Ministers and MPs in the matter of anything said in Parliament or a vote given there.
  • Its jurisdiction also includes any person who is or has been in charge (director/ manager/ secretary) of anybody/ society set up by central act or any other body financed/ controlled by central government and any other person involved in act of abetting, bribe giving or bribe taking.
  • The Lokpal Act mandates that all public officials should furnish the assets and liabilities of themselves as well as their respective dependents.
  • It has the powers to superintendence over, and to give direction to CBI.
    • If Lokpal has referred a case to CBI, the investigating officer in such case cannot be transferred without the approval of Lokpal.
  • The Inquiry Wing of the Lokpal has been vested with the powers of a civil court.
  • Lokpal has powers of confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances.
  • Lokpal has the power to recommend transfer or suspension of public servant connected with allegation of corruption.
  • Lokpal has the power to give directions to prevent the destruction of records during the preliminary inquiry.
Powers and Functions
  • Superintendence Over Investigations of Delhi Special Police Establishment (DSPE) concerning matters referred for preliminary inquiry or investigation.
  • Can authorize agencies to search for and seize documents relevant to an investigation.
  • Central Vigilance Commission must report to the Lokpal on actions taken on referred complaints, with the Lokpal issuing guidelines for effective disposal.
  • Powers of a civil court for the purpose of any preliminary inquiry, the Inquiry Wing under the Code of Civil Procedure, 1908.