Question 47 from UPSC CSE 2025 - Current Affairs (Polity & Governanc e)

Question

Consider the following statements about Lokpal:
1. The power of Lokpal applies to public servants of India, but not to those 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?

Accepted Answer

Correct Option: A. III only

Strategy: Scrutinize each statement for accuracy based on provisions of the Lokpal and Lokayuktas Act, 2013. Statement 1 can be identified as incorrect by noting the Act's jurisdiction includes Indian public servants posted abroad. Statement 2, though correct in part about legislative membership bar, is flawed as it restricts Chairperson eligibility only to Chief Justice of India, which is too narrow. Statement 3 aligns perfectly with statutory requirements for minimum age. Statement 4's absolute assertion that Lokpal cannot inquire into a sitting Prime Minister is wrong; the Act allows it with exceptions. Therefore, only Statement 3 is correct.

Key Info: - Lokpal and Lokayuktas Act, 2013: Lokpal is a statutory anti-corruption body established to investigate allegations against public servants, including the Prime Minister, Ministers, Members of Parliament, and central government officials, as well as employees of entities receiving significant government funding.
- Jurisdiction: The Act covers all public servants as defined under Section 14, including those working outside India. Foreign postings do not exempt Indian government servants from scrutiny.
- Chairperson Appointment: Chairperson eligibility is broad; it can include a current or former Chief Justice of India, a retired Supreme Court judge, or an eminent person with at least 25 years of relevant professional experience. It is not restricted solely to CJI. Members of Parliament and State Legislatures are expressly barred from being Chairperson or Members at the time of appointment.
- Age Requirement: Section 3(3)(c) makes it mandatory that the Chairperson or a Member is at least 45 years old on the date of assuming office. This ensures maturity and experience in appointees.
- Inquiry against Prime Minister: The Prime Minister is within the Lokpal's jurisdiction, but inquiry is subject to exceptions for sensitive areas like national security, international relations, atomic energy, public order, and space. Such cases require the approval of at least two-thirds of Lokpal members, and hearings must be in camera, with extra procedural safeguards.
- Institutional Context: The Lokpal is assisted by the Central Bureau of Investigation (CBI) and other agencies as necessary. Its establishment was a major outcome of public anti-corruption movements, notably those led by Anna Hazare.
- State Level: Some states have constituted Lokayuktas—the state-level counterparts of Lokpal—prior to or following the central law, often with varying powers and structures.

Answer

Option B: II and III

Answer

Option C: I and IV

Answer

Option D: None of the above statements is correct