UPSC Prelims 2025Question 98Polity

Consider the following statements about Lokpal:
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?

Options

(a)III only
(b)II and III
(c)I and IV
(d)None of the above statements is correct

Correct answer: a

Decision rule

Eligibility clauses name a class of judges, not one office; and a bar on inquiring into the Prime Minister is procedural, approval required, not absolute.

Explanation

Correct Answer:

(a) III only

Explanation of the Correct Answer

Let's analyze each statement about the Lokpal based on the Lokpal and Lokayuktas Act, 2013:

Statement-wise Analysis

I. The power of Lokpal applies to public servants of India, but not to the Indian public servants posted outside India.

Incorrect
The Lokpal has jurisdiction over all public servants of India, including those posted outside India.
The Act defines public servants broadly, and location does not restrict its jurisdiction.

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.

Incorrect
While the Chairperson or Members cannot be MPs or MLAs, there is no requirement that the Chairperson must be the Chief Justice of India (incumbent or retired).
The Chairperson must be a former Chief Justice of India, a former Judge of the Supreme Court, or a former Chief Justice of a High Court, but not necessarily the Chief Justice of India.

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.

Correct
The Act specifies a minimum age of 45 years for appointment as Chairperson or Member of the Lokpal.

IV. Lokpal cannot inquire into the allegations of corruption against a sitting Prime Minister of India.

Incorrect
The Lokpal can inquire into allegations against the Prime Minister, but with certain safeguards:
- No inquiry can be initiated without the approval of a Special Committee consisting of the Prime Minister, the Leader of Opposition, and a Cabinet Minister nominated by the PM.
- The Lokpal can investigate after approval.

Why Other Options Are Incorrect

(a) III only – Correct
(b) II and III – Incorrect: Statement II is wrong.
(c) I and IV – Incorrect: Both statements are wrong.
(d) None of the above statements is correct – Incorrect: Statement III is correct.

Relevant Supplementary Information

Aspect	Details
Jurisdiction of Lokpal	Applies to all public servants, including those posted abroad.
Eligibility for Chairperson	Must be a former Chief Justice of India or former Judge of Supreme Court/High Court; no requirement to be the incumbent or retired Chief Justice of India.
Minimum Age	45 years minimum age to hold office as Chairperson or Member.
Inquiry Against Prime Minister	Inquiry allowed but requires prior approval by a Special Committee.

Related Concepts or Facts

Term	Explanation
Lokpal and Lokayuktas Act, 2013	Law establishing Lokpal at the central level and Lokayuktas at the state level to investigate corruption.
Public Servants	Broadly defined to include all government employees, officials, and those in public authorities.
Special Committee for PM Cases	Committee formed for approving Lokpal inquiries against the Prime Minister.

Current Relevance

The Lokpal plays a crucial role in anti-corruption efforts in India.
Its powers and procedures, especially concerning the Prime Minister, balance inquiry and political sensitivity.

Table: Related Concepts and Terms – Lokpal and Related Provisions

Concept / Term	Explanation / Relevance
Lokpal and Lokayuktas Act, 2013	Central legislation establishing Lokpal to investigate corruption allegations against public servants including Ministers and MPs.
Jurisdiction of Lokpal	Covers all public servants of India, including those posted abroad.
Eligibility for Chairperson	Must be a former Chief Justice of India, former Judge of Supreme Court, or former Chief Justice of High Court; not restricted to incumbent or retired Chief Justice of India.
Age Requirement	Minimum age of 45 years for Chairperson or Members of Lokpal.
Inquiry against Prime Minister	Allowed but requires prior approval by a Special Committee consisting of PM, Leader of Opposition, and a Cabinet Minister.
Public Servants	Broadly defined to include government officials, public authorities, and employees.
Special Committee for PM Cases	Committee that approves or rejects Lokpal’s inquiry against a sitting Prime Minister.
Disqualification from Legislature	Chairperson or Members cannot be Members of Parliament or State Legislature.

Table: Comparison of Lokpal and Lokayukta

Aspect	Lokpal	Lokayukta
Legal Basis	Lokpal and Lokayuktas Act, 2013 (Central Act)	Enacted by individual State Legislatures (State laws)
Jurisdiction	Central Government officials, MPs, Ministers, public servants, and any public authority under the Union	State government officials, MLAs, Ministers, public servants, and public authorities under the State
Scope	Investigates corruption allegations at the central level	Investigates corruption allegations at the state level
Constitution	Chairperson plus up to 8 Members (judicial and non-judicial)	Varies by state; typically one Chairperson and Members
Appointment Authority	President of India (on recommendation of a selection committee)	Governor of the State (as per state law)
Eligibility for Chairperson	Former Chief Justice of India or former Judge of Supreme Court or Chief Justice of High Court; minimum age 45 years	Varies by state; generally retired judges or eminent persons
Powers	Inquiry and investigation of corruption cases; recommends prosecution; supervises investigation agencies	Similar investigative powers within the state; can recommend action against corrupt officials
Coverage of Prime Minister / Chief Minister	Can investigate PM with prior approval of a Special Committee; full jurisdiction over other officials	Can investigate Chief Minister subject to specific state provisions and limitations
Term of Office	5 years or until age 70, whichever is earlier	Varies by state laws
Transparency and Accountability	Required to submit annual reports to Parliament	Required to submit reports to the State Legislature
Significance	Apex anti-corruption body at the Union level	Apex anti-corruption body at the State level

Additional Notes

Lokpal was established to strengthen anti-corruption mechanisms at the national level, while Lokayuktas function at the state level.
State laws on Lokayuktas vary widely in terms of structure, powers, and jurisdiction.
Both bodies aim to provide speedy and impartial investigation into corruption cases involving public officials.

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