Indian Polity : Constitutional & Non-Constitutional Bodies

Q 6 / 42

UPSC CSE Prelims 2025

Consider the following statements about Lokpal :

  1. The power of Lokpal applies to public servants of India, but not to the Indian public servants 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?

EXPLANATION

The correct option is III only

Explanation

The Lokpal and Lokayuktas Act, 2013 lays down provisions regarding jurisdiction, composition, eligibility, and powers of the Lokpal.

Statement-wise Analysis

  • The power of Lokpal applies to public servants of India, but not to the Indian public servants posted outside India — Incorrect
    The jurisdiction of the Lokpal extends to public servants, including those serving outside India, if they fall within the definition of public servants under the Act.
  • 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 — Incorrect
    While Members cannot be part of Parliament or State Legislature, the Chairperson need not necessarily be the Chief Justice of India. The Chairperson can be a former Chief Justice of India, a former Supreme Court Judge, or an eminent person meeting prescribed criteria.
  • 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 — Correct
    The Act prescribes a minimum age of 45 years for appointment as Chairperson or Member.
  • Lokpal cannot inquire into the allegations of corruption against a sitting Prime Minister of India — Incorrect
    The Lokpal can inquire into allegations against a sitting Prime Minister, subject to specific safeguards and exclusions related to national security, foreign relations, and public order.

Key Takeaway: Lokpal has broad jurisdiction including over the Prime Minister (with safeguards), flexible eligibility for Chairperson, and a minimum age requirement of 45 years.

SOURCEIndian Polity by M. Laxmikanth, Chapter 45: Lokpal and Lokayuktas