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

Ans-a

Explanation

Powers of Lokpal

Lokpal, as a body, is bestowed with wide powers to direct inquiry investigation and to accord sanction to prosecute the public officials/functionaries referred to in Section 14 of the Act

– In terms of Section 14 of the Act, a complaint can be filed against

a) Any person who is or has been a Prime Minister. 

b) Any person who is or has been a Minister of Union. 

c) Any person who is or has been a Member of either House of Parliament.

d) Any person who is or has been a Group ‘A’ or Group ‘B’ officer or equivalent serving in connection with the affairs of the Government of India.

e) Any person who is or has been a Group ‘C’ or Group ‘D’ official or equivalent serving in connection with the affairs of the Government of India.

f) Any person who is or has been a Chairperson, Member, Officer or employee in any Board, Corporation, Authority, Company, Society, Trust or Autonomous body established by an Act of Parliament wholly or partly established or controlled by the Government of India.

g) Any person who is or has been a Director, Manager, Secretary or other Officers of any Society, Association of persons or Trust registered wholly or partly financed by Government of India and the annual income of which exceeds such amount as the Central Government may by notification, specified (presently Rs 10 lakh). 

h) Any person who is or has been a Director, Manager, Secretary or Other officers of any Society, Association of persons or any Trust registered under the law and is in receipt of any donations from any foreign source underForeign Contribution (Regulation) Act, 2010 over Rupees One crore in a year.

Hence statement 1 & 4  are  incorrect 

What complaint can be filed against the Prime Minister? 

Except on matters relating to international relations, external and internal security, public order, atomic energy and space, allegations in respect of any other activity involving commission of offence of corruption relatable to the provisions of the Prevention of Corruption Act, 1988.

Who can be appointed as Chairperson? 

A person who is or has been a Chief Justice of India or is or has been a Judge of the Supreme Court.

Hence statement 2 is incorrect 

A person who is or has been a Judge of the Supreme Court or is or has been a Chief Justice of a High Court can be appointed a Judicial Member of the Lokpal

A person of impeccable integrity and outstanding ability, having special knowledge and expertise of not less than twenty-five years in subjects prescribed in Clause (b) of sub-section 3 of Section 3 of the Act, can be appointed as a Non-Judicial Member of Lokpal

Who cannot be a chairperson ?

The Chairperson or a Member shall not be— (i) a member of Parliament or a member of the Legislature of any State or Union territory; (ii) a person convicted of any offence involving moral turptitude; (iii) 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) a member of any Panchayat or Municipality; (v) a person who has been removed or dismissed from the service of the Union or a State, and shall not hold any office of trust or profit

The Chairperson and the Members are appointed by the Hon’ble President of India by warrant under his hand and seal and hold office for a term of five years from the date on which they enter upon the office or until they attain the age of 70 years, whichever is earlier

Hence statement 3 is correct 

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