Consider the following statements about Lokpal:The power of Lokpal applies to public servants of Ind

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Question

Consider the following statements about Lokpal:The power of Lokpal applies to public servants of India, but not to the Indian public servants posted outside India.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.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.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 Answer: A — III onlyStep-by-step Solution:Statement I — Lokpal applies to public servants, but NOT those posted outside India: This is incorrect. The Lokpal and Lokayuktas Act, 2013 defines 'public servant' broadly, and the jurisdiction of Lokpal extends to public servants of India irrespective of whether they are posted within India or outside India. Indian public servants serving abroad (diplomats, employees of Indian missions) are also within Lokpal's jurisdiction. ✗Statement II — Only CJI (incumbent or retired) can be Chairperson: This is incorrect. Under Section 3(2) of the Lokpal and Lokayuktas Act, 2013, the Chairperson of Lokpal shall 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 with impeccable integrity and outstanding ability. The law does NOT restrict the Chairperson position exclusively to the CJI — it is open to former Supreme Court Judges and eminent persons as well. ✗Statement III — Chairperson/Member shall not be less than 45 years of age: This is correct. Section 3(3) of the Lokpal and Lokayuktas Act, 2013 specifies that a person shall not be appointed as Chairperson or Member of Lokpal unless they are at least 45 years of age on the date of assuming office. ✓Statement IV — Lokpal cannot inquire into allegations against a sitting PM: This is incorrect. Lokpal CAN inquire into allegations of corruption against a sitting Prime Minister, but subject to very stringent conditions. Under Section 14(1)(a), the Prime Minister is under Lokpal's jurisdiction. However, the full bench of Lokpal must sanction such inquiry by at least 2/3rd majority, and the inquiry into PM's conduct is restricted in matters related to international relations, external and internal security, public order, atomic energy, and space — and the proceedings must be in-camera. ✗Why other options are incorrect:Option B (II and III): Incorrect. Statement II is wrong — CJI is not the only eligible Chairperson.Option C (I and IV): Incorrect. Both I and IV are incorrect.Option D (None correct): Incorrect. Statement III is correct.Key Concept: Lokpal: Established under the Lokpal and Lokayuktas Act, 2013. Composition: 1 Chairperson + up to 8 Members (50% must be Judicial Members; 50% of total must be from SC/ST/OBC/minorities/women). Jurisdiction: Public servants — PM (with safeguards), Ministers, MPs, Group A-D government officers, PSU officials. First Lokpal: Justice Pinaki Chandra Ghose (2019–2024). Powers: Investigate, search and seize, attach assets, recommend prosecution. Lokpal vs CVC: CVC (Central Vigilance Commission) handles government servants; Lokpal handles Ministers, MPs, PM. Lokayukta: State-level equivalent; established by state laws (not constitutionally mandated but 2013 Act directs states to establish).

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