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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?
Explanation
The correct answer is option A because only statement III is correct.
**Statement I is incorrect:** The Lokpal and Lokayuktas Act, 2013 is applicable to 'public servants' within and outside India[1], so it does apply to Indian public servants posted outside India.
**Statement II is incorrect:** While the Chairperson or a Member shall not be a member of Parliament or a member of the Legislature of any State or Union territory[2], the second part is wrong. The Chairperson can be a person 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 who fulfills the eligibility criteria[3]βit's not restricted to only the Chief Justice of India.
**Statement III is correct:** A person must not be less than forty-five years of age on the date of assuming office [5]as the Chairperson or Member[4].
**Statement IV is incorrect:** The jurisdiction of the Lokpal includes the prime minister, though if a complaint is filed against the prime minister, certain conditions will apply[6]. The Lokpal can inquire into allegations against a sitting Prime Minister, albeit with conditions.
Sources- [1] Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 39: After Nehru... > 2009 Election and UPA Back in Power > p. 774
- [2] https://www.indiacode.nic.in/show-data?actid=AC_CEN_26_36_00014_201401_1517807327889&orderno=3
- [3] https://www.indiacode.nic.in/show-data?actid=AC_CEN_26_36_00014_201401_1517807327889&orderno=3
- [4] https://www.indiacode.nic.in/show-data?actid=AC_CEN_26_36_00014_201401_1517807327889&orderno=3
- [5] https://www.indiacode.nic.in/show-data?actid=AC_CEN_26_36_00014_201401_1517807327889&orderno=3
- [6] Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 39: After Nehru... > 2009 Election and UPA Back in Power > p. 774
PROVENANCE & STUDY PATTERN
Full viewThis question blends 'Standard Polity' (PM jurisdiction) with 'Statutory Fine Print' (Minimum age 45). While Laxmikanth covers the jurisdiction well, the specific eligibility criteria (age and 'only CJI') require a closer look at the Act's text or a comparative table of statutory bodies.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Does the Lokpal's jurisdiction under the Lokpal and Lokayuktas Act, 2013 apply to public servants of India?
- Statement 2: Does the Lokpal's jurisdiction under the Lokpal and Lokayuktas Act, 2013 extend to Indian public servants posted outside India?
- Statement 3: Under the Lokpal and Lokayuktas Act, 2013, are the Chairperson and Members prohibited from being Members of Parliament or Members of any State or Union Territory Legislature?
- Statement 4: Under the Lokpal and Lokayuktas Act, 2013, must the Chairperson of the Lokpal be a person who is, or has been, the Chief Justice of India (incumbent or retired)?
- Statement 5: Under the Lokpal and Lokayuktas Act, 2013, must the Chairperson and Members be at least 45 years old on the date of assuming office?
- Statement 6: Can the Lokpal inquire into allegations of corruption against a sitting Prime Minister of India under the Lokpal and Lokayuktas Act, 2013?
- Explicitly says 'The Lokpal's jurisdiction will cover all categories of public servants.'
- Notes inclusion of Lokpal's own members within the definition of 'public servant', reinforcing broad coverage.
- Specifies categories covered: Prime Minister, Ministers, Members of Parliament and Groups A, B, C and D officers and officials of the Central Government.
- Makes clear the jurisdiction extends across hierarchical groups of central government employees.
- Discusses a procedural limitation ('Lokpal cannot suo motu proceed against any public servant'), implying public servants are within Lokpal's remit though subject to process rules.
- Highlights an operational constraint relevant to how jurisdiction is exercised over public servants.
- Explicitly says the Act is applicable to 'public servants' within and outside India.
- Also states the Act extends to the whole of India, reinforcing territorial and personnel scope.
- This is text from the Act itself (IndiaCode) specifying disqualifications for the Chairperson or a Member.
- Clause (4)(i) explicitly states the Chairperson or a Member shall not be a member of Parliament or a member of a State/Union Territory Legislature, directly answering the question.
- Also from the official Act text, this passage lists other offices the Chairperson or Member cannot hold, showing the Act broadly prohibits holding other elected or trust/profitable offices.
- Reinforces that the Act restricts simultaneous membership/holding of other public offices (e.g., Panchayat/Municipality) and affiliation with political parties.
States the Lokpal and Lokayuktas Act, 2013 mandates establishment of Lokpal for the Union and Lokayukta for states, indicating the Act contains institutional and jurisdictional rules.
A student could use this to justify looking up the Act's appointment/eligibility chapters to find any explicit prohibitions on concurrent legislative membership.
Specifies the Lokpal's jurisdiction includes Members of Parliament, showing the Act expressly deals with MPs as subjects of its authority.
One could infer the Act differentiates roles of MPs (as persons subject to Lokpal) versus eligibility rules for officeβholders, prompting a check of incompatibility clauses for Lokpal officeβholders.
Notes the Lokpal Act amended other statutes (e.g., Delhi Special Police Establishment Act) to change institutional composition and appointment procedures, showing the Act includes detailed appointment/qualification mechanics.
Use this pattern to expect and inspect similar appointment/qualification provisions in the Lokpal Act text that might prohibit membership of legislatures.
Gives an example where statute(s) impose ineligibilities on holders of high constitutional/statutory offices (e.g., Public Service Commission chairmen) for subsequent employment, illustrating a legislative practice of prescribing eligibility/ineligibility rules for officeβholders.
A student could generalise this legislative pattern to anticipate that the Lokpal Act may likewise contain specific disqualification or incompatibility rules and thus check the Act for such clauses.
Explains that certain presiding offices in Parliament are filled from among members, showing that some high offices are explicitly tied to legislative membership while others are not.
Compare this example of offices drawn from MPs with the Lokpal office to see whether the Lokpal Chairperson/Members are drawn from or prohibited from legislative membership by statute.
- This is the statutory text of the Act specifying eligibility for Chairperson.
- It lists three alternative categories (former/current CJI, Supreme Court Judge, or an eminent person), so being CJI is not the sole requirement.
- Describes the Chairperson's eligibility in plain language consistent with the Act.
- Uses 'may be' and lists sitting/former CJI, Supreme Court Judge, or an eminent person β indicating alternatives to CJI.
- Summarizes the Act's provision for who can head the Lokpal.
- Specifies three alternatives (CJI, Supreme Court judge, or person of eminence), showing Chairperson need not be CJI.
The First Administrative Reforms Commission recommended that the Lokpal be appointed by the President after consultation with the Chief Justice of India, showing historical linkage between Lokpal appointments and the CJI.
A student could check whether the 2013 Act kept, strengthened, or changed this recommended consultative role to infer if the chair must be a CJI.
Shows a clear pattern in Indian statutory bodies (NHRC) where the chairperson is explicitly required to be a retired Chief Justice of India or a Supreme Court judge.
Use this pattern as a comparative template: examine the Lokpal Act text to see if it follows the same requirement language.
States that the Lokpal Act did not make Lokpal a constitutional body and that the judiciary was excluded from the ambit of the Lokpal, suggesting a deliberate separation from the judiciary.
A student could infer this exclusion might argue against requiring the Chair to be (or have been) CJI and so look for statutory language in the Act that confirms or rejects that inference.
Gives an example where the Chief Justice of India is a formal member of high-level appointment committees (CBI Director), indicating CJI involvement is a common feature in selecting anti-corruption or oversight officials.
Compare the appointment committee composition in the Lokpal Act to see whether CJI participation is merely consultative or whether the statute specifies CJI status as a qualification for the Chair.
Describes the Lokpal Act's scope and enactment but does not specify compositionβthis gap flags that the required qualifications for Chair must be checked in the Act text itself.
A student should consult the Act's specific provisions on Lokpal composition/qualifications to resolve whether CJI status is mandated.
- This is text from the Act (India Code) listing disqualifications and explicitly refers to age on the date of assuming office.
- It states a person of less than forty-five years of age is disqualified, directly supporting the 45-year minimum requirement.
- The Act summary on Wikipedia states the eligibility age requirement.
- It explicitly says 'at least 45 years old,' affirming the minimum age for chairperson/members.
- A news summary restates the statutory requirement in plain language.
- It specifies 'must not be less than 45 years of age on the date of assuming office as the chairperson or member of Lokpal.'
This snippet identifies the Lokpal and Lokayuktas Act (2013) as a distinct statute covering composition/features, implying its provisions (including eligibility) are specified in the Act.
A student could use this to locate the Act's text and check the eligibility clause for any minimum age requirement.
Shows a pattern for other national bodies (NHRC) where office-holders have an explicit upper age limit (70) stated in their constituting rules.
Compare this common legislative practice (explicit upper age) with the Lokpal Act to see whether it likewise states age limits and whether it mentions a minimum age.
Gives an example (National Commission for Protection of Child Rights) where both term and explicit upper age limits (65 for chair, 60 for members) are specified.
Use this as an example of how such statutes often set maximum ages, so absence of a minimum in summaries of other Acts suggests minimum ages are not always specified and must be checked in the Lokpal Act itself.
Another statutory body (State Human Rights Commission) again shows the common rule of specifying an upper age (70) for office-holders.
A student could generalize that Indian oversight bodies frequently set retirement ages β therefore to test the claim about a 45-year minimum, one should inspect the Lokpal Act's eligibility provisions rather than rely on analogy.
Describes CAG's term and vacating on attaining age 65 β reinforcing the pattern that statutes commonly include an upper age/retirement rule.
Use this pattern to infer that age rules in Indian statutes typically address maximum age/retirement; hence, a 45-year minimum would be atypical and warrants direct verification in the Lokpal Act text.
- Explicitly states that the jurisdiction of the Lokpal includes the Prime Minister, Ministers and Members of Parliament.
- Directly links the institution's remit to top executive offices, implying Lokpal can inquire into allegations against the PM.
- Confirms the Lokpal and Lokayuktas Act, 2013 was enacted to inquire into allegations of corruption against certain public functionaries.
- Describes the Act's applicability to 'public servants' across India, supporting a broad investigatory mandate that would encompass high office-holders.
- [THE VERDICT]: Manageable but Tricky. Statements I & IV are direct hits from Laxmikanth (Chapter 66). Statements II & III test specific clauses (Age/Eligibility) often missed in general reading.
- [THE CONCEPTUAL TRIGGER]: The 'Statutory Body Composition' Template. Every time you study a body (NHRC, CVC, Lokpal), you must fill a specific grid: Composition, Qualification, Tenure, and Removal.
- [THE HORIZONTAL EXPANSION]: Memorize the 'Chairperson Pool' variations: NHRC (Retired CJI or SC Judge - 2019 Amendment); Lokpal (CJI, SC Judge, or Eminent Person); CVC (Civil Service/Finance background). Note the unique number: Lokpal has a *minimum* age of 45 years (rare in Indian statutes).
- [THE STRATEGIC METACOGNITION]: Do not assume eligibility rules are uniform. The examiner loves swapping the 'CJI only' rule of the old NHRC Act with the 'CJI/Judge/Eminent' rule of the Lokpal Act. Always cross-reference the 'Appointment' section of these Acts.
Lokpal covers all categories of public servants under the Lokpal and Lokayuktas Act, 2013.
High-yield for governance and accountability questions: knowing that Lokpal's mandate extends to public servants helps answer questions on anti-corruption institutions and their reach; connects to topics on central oversight, disciplinary mechanisms and legislative intent. Enables answers contrasting institutional coverage (who is included/excluded) across oversight bodies.
- Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 39: After Nehru... > 2009 Election and UPA Back in Power > p. 774
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 66: Lokpal and Lokayuktas > Features > p. 510
The Act expressly lists the Prime Minister, Ministers, Members of Parliament and Group AβD officers as within Lokpal jurisdiction.
Directly useful for MCQs and mains answers that ask which offices or service groups fall under central anti-corruption bodies; links to questions on executive accountability, parliamentary privileges, and civil service classification. Helps structure comparisons between coverage of different accountability bodies.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 66: Lokpal and Lokayuktas > Features > p. 510
The Act places limits (e.g., inability to suo motu proceed against public servants) and excludes certain actors (judiciary; parliamentary speech/votes) from Lokpal jurisdiction.
Important for balanced answers: knowing both coverage and limits allows aspirants to discuss practical constraints, safeguards and separation of powers; useful in essays and mains questions about institutional design and effectiveness of anti-corruption measures.
- Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 39: After Nehru... > 2009 Election and UPA Back in Power > p. 774
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 66: Lokpal and Lokayuktas > Drawbacks > p. 511
- Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 39: After Nehru... > 2009 Election and UPA Back in Power > p. 775
The Lokpal and Lokayuktas Act, 2013 applies to public servants both within India and posted abroad.
High-yield for questions on anti-corruption law scope and jurisdiction; links to constitutional law topics on territorial reach of central statutes and accountability of officials abroad. Mastering this helps answer questions about enforcement reach and cross-border public servant liability.
- Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 39: After Nehru... > 2009 Election and UPA Back in Power > p. 774
The Act is described as extending to the whole of India, explicitly including Jammu and Kashmir.
Useful for comparing statutes' extents across centre-state lines and special territories; connects to topics on law applicability, federalism and special status regions. Enables answering comparative questions about whether a central law covers all territories and officials.
- Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 39: After Nehru... > 2009 Election and UPA Back in Power > p. 774
The Lokpal Act amended the Delhi Special Police Establishment Act to change CBI composition and prosecution arrangements.
Important for questions on how anti-corruption bodies operate practically; shows how substantive jurisdiction is backed by investigative and prosecutorial mechanisms. Helps tackle case-scenario questions on investigation responsibility and institutional interplay.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 65: Central Bureau of Investigation > COMPOSITION > p. 504
Lokpal's remit explicitly covers the Prime Minister, Ministers and Members of Parliament, which is directly relevant when considering conflicts or eligibility rules for Lokpal office-holders.
High-yield for UPSC because questions often test which institutions can investigate which categories of public functionaries; links anti-corruption law to constitutional offices and accountability mechanisms, and enables analysis of institutional competence and overlaps.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 66: Lokpal and Lokayuktas > Features > p. 510
The 'Double 50% Quota': Unique to Lokpal, at least 50% of the members must be Judicial Members, AND at least 50% of the members must come from SC/ST/OBC/Minorities/Women categories. This specific social representation clause is a potential future statement.
Apply 'Extraterritorial Common Sense' to Statement I. If an Indian IFS officer accepts a bribe in London, would Indian law ignore it? No. Indian anti-corruption laws (PCA, 1988) always follow the public servant globally. Therefore, Statement I is logically False. For Statement II, the word 'only' regarding the CJI is a red flag; statutory bodies usually allow 'CJI or Supreme Court Judge' to widen the talent pool.
Connects to GS-2 (Parliamentary Privileges): The Lokpal cannot inquire into any matter involved in a vote given or speech made by an MP in Parliament (Article 105). This specific exclusion protects the 'Freedom of Speech' in the House against executive overreach via anti-corruption probes.