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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]—it'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
Guest previewThis 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.
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This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
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This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
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This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
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This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
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