UPSC Prelims 2025 Q98: Lokpal Jurisdiction & Composition — Explained
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?
- III only
- II and III
- I and IV
- None of the above statements is correct
Answer: (a) III only
Statement-wise explanation
- I: incorrect — Section 1(4) of the Lokpal and Lokayuktas Act, 2013 says the Act applies to public servants in and outside India. An Indian public servant posted abroad, such as an official in an Indian mission, therefore stays within the Lokpal's jurisdiction. The statement says the opposite of the law.
- II: incorrect — The first part is correct. Under Section 3(3), the Chairperson or a Member cannot be an MP or a member of the Legislature of any State or Union Territory. The second part is wrong. Under Section 3(2)(a), the Chairperson can be a person who is or has been Chief Justice of India, a person who is or has been a Supreme Court judge, or an eminent person who meets the Act's criteria. The CJI is not the only option, and the first Chairperson, Justice Pinaki Chandra Ghose, was a former Supreme Court judge, not a former CJI.
- III: correct — Section 3(3) disqualifies anyone under forty-five years of age on the date of assuming office as Chairperson or Member. The statement repeats this provision almost word for word. The upper limit is set by Section 6: a Chairperson or Member holds office for five years or until the age of seventy, whichever comes first.
- IV: incorrect — Section 14(1)(a) places anyone who is or has been Prime Minister within the Lokpal's jurisdiction, and that includes a sitting Prime Minister. There are safeguards. The Lokpal cannot inquire into allegations about international relations, external and internal security, public order, atomic energy or space. Any inquiry must be approved by at least two-thirds of the full bench and held in camera. These conditions limit an inquiry but do not bar it.
How to eliminate
Statement II contains the absolute word 'only': 'only the Chief Justice of India … has to be its Chairperson'. Most aspirants know that retired Supreme Court judges have headed the Lokpal: Justice P.C. Ghose was the first Chairperson and Justice A.M. Khanwilkar holds the post now. That knowledge rules out II, which removes the option pairing II and III. Statement IV fails on basic knowledge too. The defining feature of the 2013 law was that it brought the Prime Minister under the Lokpal, with safeguards. Once IV is out, the option pairing I and IV goes as well. The choice is now between 'III only' and 'none correct'. That comes down to one fact: the minimum age of 45 for the Chairperson and Members. Remember it together with the maximum of 70. Statement I can be dropped on reasoning alone. An anti-corruption law that a public servant could escape by taking a posting abroad would make no sense, and the Act expressly covers public servants 'in and outside India'.
Know more
Lokpal: the Union-level anti-corruption ombudsman
The Lokpal is a statutory body, not a constitutional one. It was created by the Lokpal and Lokayuktas Act, 2013 and came into existence on 16 January 2014, when Section 3 of the Act came into force. Section 63 of the same Act requires each State to set up a Lokayukta by its own law within one year.
| Feature | Provision |
|---|---|
| Composition | Chairperson + up to 8 Members; 50% judicial |
| Reservation | At least 50% of Members from SC, ST, OBC, minorities and women |
| Chairperson | A present or former CJI, a present or former Supreme Court judge, or an eminent person |
| Disqualifications | MP or member of a State/UT legislature; person under 45 years of age; holder of a post of trust or profit, among others |
| Selection Committee | PM (chair), Lok Sabha Speaker, Leader of Opposition, CJI or a Supreme Court judge nominated by the CJI, and an eminent jurist |
| Term | 5 years or until the age of 70, whichever is earlier |
| Removal | By the President, after an inquiry by the Supreme Court |
Jurisdiction (Section 14) covers:
- current and former Prime Ministers, with safeguards: no inquiry into international relations, external and internal security, public order, atomic energy or space; inquiry only with the approval of two-thirds of the full bench, held in camera
- Union Ministers and MPs (except for anything said or any vote cast in Parliament, which Article 105 protects)
- Group A, B, C and D officers of the Union
- staff of bodies funded or controlled by the Centre, and of societies and NGOs above specified foreign-donation or government-grant limits
The Act applies to public servants in and outside India. The Lokpal has an Inquiry Wing and a Prosecution Wing. It can also refer complaints to agencies such as the CBI and supervise them on those cases.
The first Chairperson was Justice Pinaki Chandra Ghose, appointed in 2019. Justice A.M. Khanwilkar was appointed Chairperson in 2024.
In the news
The Lokpal was in the news in early 2025. On 27 January 2025 it ruled that High Court judges are public servants within its jurisdiction. On 20 February 2025 the Supreme Court stayed that order and called it 'very very disturbing'. The dispute brought renewed attention to who falls under Section 14 of the Act.
NCERT Concepts to Revise
- Lokpal and Lokayuktas Act 2013: Every statement tests a clause of this Act: where it applies, who can sit on the Lokpal, the age bar, and jurisdiction over the Prime Minister.
- Lokpal: Knowing what the Lokpal is and who it oversees helps you judge claims about its reach and its leadership.