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?

1. III only
2. II and III
3. I and IV
4. None of the above statements is Correct

Explanation

Statement I is incorrect

• As per the Lokpal and Lokayuktas Act, 2013:
  • It extends to the whole of India.
  • It shall apply to public servants in and outside India.

Statement II is incorrect

• A Member of Parliament or State Legislature or Union Territory cannot be appointed as Chairperson or Member of Lokpal.
• But, the Chairperson need not necessarily be the Chief Justice of India (CJI) or even a retired CJI.
• The Act allows for:
  • Sitting or retired Chief Justice of India/Judge of the Supreme Court or an eminent person (who fulfils the specified eligibility).

Statement III is correct

• 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.

Statement IV is incorrect

• In terms of Section 14 of the Act, a complaint can be filed against: Any person who is or has been a Prime Minister.

Answer: (a) III only; Difficulty Level: Hard