Consider the following statements about Lokpal: [The Judiciary]
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?
Correct Answer :
III only
Solution :
The correct option is III only.
Let us analyze each statement step-by-step to understand why only Statement III is correct:
Statement I is incorrect:
The jurisdiction of the Lokpal extends to all categories of public servants, including those serving outside India. According to Section 1(4) of the Lokpal and Lokayuktas Act, 2013, the Act applies to public servants in and outside India. Therefore, the claim that it does not apply to Indian public servants posted outside India is false.
Statement II is incorrect:
According to the Act, the Chairperson of the Lokpal can be either a former Chief Justice of India, a former Judge of the Supreme Court, or an eminent person who fulfills the specified eligibility criteria (possessing outstanding ability, integrity, and at least 25 years of specialized knowledge and expertise in matters relating to anti-corruption policy, public administration, vigilance, finance, etc.). Thus, it is incorrect to state that only the Chief Justice of India (incumbent or retired) has to be its Chairperson.
Statement III is correct:
The Lokpal and Lokayuktas Act, 2013, explicitly mandates that a person must not be less than 45 years of age on the date of assuming office as the Chairperson or a Member.
Statement IV is incorrect:
The Lokpal has the authority to inquire into allegations of corruption against the Prime Minister of India, subject to certain conditions and exceptions (such as allegations related to international relations, security, public order, atomic energy, and space, which require a full bench decision and a two-thirds majority to initiate an inquiry). Since the Lokpal can inquire into allegations against a sitting Prime Minister under these structured conditions, the blanket statement that it cannot inquire is incorrect.
Consequently, only Statement III is correct, making III only the correct choice.
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