Question: Lokpal — composition, jurisdiction, and powers under the Lokpal and Lokayuktas Act
Introduction
The Lokpal, established under the Lokpal and Lokayuktas Act, 2013, represents India's statutory anti-corruption ombudsman at the Union level, with jurisdiction over a wide range of public servants and significant investigative powers.
Body
1. Jurisdiction Over Public Servants
Lokpal's jurisdiction extends to public servants of India, including those posted abroad — contrary to the claim that it excludes overseas postings. The Act defines 'public servant' broadly, covering central government employees regardless of their place of posting, ensuring no jurisdictional gap based on geography.
2. Composition and Chairperson Eligibility
The Chairperson need not exclusively be the Chief Justice of India. The Act permits a former Chief Justice of India or a former Judge of the Supreme Court, or an eminent person with impeccable integrity, to serve as Chairperson. Members of Parliament or State Legislatures are indeed disqualified from holding office in Lokpal.
3. Age Qualification
The Act prescribes a minimum age of forty-five years for the Chairperson and Members on the date of assuming office. This ensures institutional maturity and experienced leadership within the body.
4. Inquiry Against the Prime Minister
Lokpal can inquire into allegations against a sitting Prime Minister, but with stringent safeguards — the full bench must approve such inquiry, it must be held in camera, and matters relating to national security, foreign relations, and public order are excluded from its scope.
Conclusion
Among the four statements, only Statement III is fully correct. Statements I, II, and IV contain material inaccuracies. Accurate understanding of Lokpal's scope is essential for effective accountability governance without undermining executive functioning.
Word count: 237
PYQ
With reference to the Lokpal and Lokayuktas Act, 2013, which of the following statements is/are correct?
I. The Prime Minister is completely excluded from the jurisdiction of the Lokpal.
II. Matters relating to international relations, external and internal security, public order, atomic energy and space are excluded from the jurisdiction of the Lokpal even when it concerns the Prime Minister.
III. Any complaint against the Prime Minister relating to allegations of corruption shall be inquired into only by the full bench of the Lokpal.
Select the correct answer:
PYQ
Under the Lokpal and Lokayuktas Act, 2013, which of the following categories of public servants are covered under the jurisdiction of the Lokpal?
I. Ministers of the Union Government
II. Members of Parliament
III. Group 'C' and Group 'D' officials of the Central Government
IV. Chairpersons, members, officers and directors of any board, corporation, society, trust or autonomous body established by an Act of Parliament
Select the correct answer:
PYQ
Under the Lokpal and Lokayuktas Act, 2013, the Selection Committee that recommends names for appointment as Chairperson and Members of the Lokpal consists of which of the following?
I. The Prime Minister — Chairperson
II. The Speaker of the House of the People
III. The Leader of the Opposition in the House of the People
IV. The Chief Justice of India or a Judge of the Supreme Court nominated by the Chief Justice
V. One eminent jurist
Select the correct combination:
PYQ
Which of the following statements correctly distinguishes the Lokpal from the Central Vigilance Commission (CVC)?
I. Unlike the CVC, the Lokpal has jurisdiction over Members of Parliament in respect of allegations of corruption relating to their conduct in Parliament.
II. The CVC is a statutory body while Lokpal is a constitutional body.
III. The Lokpal, unlike CVC, can directly order prosecution of public servants before a Special Court.
Select the correct answer:
PYQ
The Second Administrative Reforms Commission (ARC), which submitted its Fourth Report titled 'Ethics in Governance', recommended the establishment of a Lokpal. Who chaired this Commission?