📘 IAS Prelims 2025 — GS-I | Q.98 | Classroom Explanation
(Polity & Governance | Constitutional & Statutory Bodies | Lokpal)

📌 Question

Q.98)
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.
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

✅ Correct Answer: (a) III only

🧑‍🏫 Classroom Explanation

This question is a classic UPSC statutory-body trap, mixing:

• Jurisdiction
• Eligibility
• Prime Minister clause
• Word-absolutism (“only”, “cannot”)

Let’s dismantle it line-by-line.

🔍 Statement-wise Analysis

🔹 Statement I

“Lokpal’s power does not apply to Indian public servants posted outside India.”
❌ Incorrect

• Lokpal jurisdiction covers all public servants of the Union
• Posting inside or outside India is irrelevant
• Section 14 of the Lokpal and Lokayuktas Act, 2013 applies to:
  • Union public servants
  • Officers of bodies receiving foreign or domestic funding
• Overseas posting ≠ immunity

📌 UPSC trap: Geography of posting ≠ jurisdictional exclusion

🔹 Statement II

“Only the Chief Justice of India can be Lokpal Chairperson.”
❌ Incorrect

✔️ First part is correct:

• MPs & MLAs cannot be Lokpal Chairperson/Members

❌ Second part is wrong due to the word “only”

Chairperson can be:

• Sitting or former CJI
• Former Supreme Court Judge
• Eminent person (25+ years experience in anti-corruption, law, public administration, etc.)

📌 UPSC trap: Over-restriction using only

🔹 Statement III

“Minimum age is 45 years.”
✅ Correct

• Section 3(3)(c), Lokpal Act, 2013
• Applies to Chairperson and Members
• Age condition checked on date of assuming office

📌 Pure statutory fact → safe mark

🔹 Statement IV

“Lokpal cannot inquire into allegations against a sitting PM.”
❌ Incorrect

• Prime Minister is under Lokpal’s jurisdiction
• BUT with safeguards:
  • No inquiry on matters of:
    • National security
    • International relations
    • Atomic energy
    • Space
  • Inquiry requires:
    • Full Bench approval
    • 2/3rd majority
    • In-camera proceedings

📌 UPSC trap: Regulated power ≠ absence of power

🧠 One-Line Memory Hook (Prelims Gold)

“Lokpal covers PM, covers overseas officers — but demands age 45.”

📍 GS Mapping

Statutory Bodies: Lokpal

GS Paper II mains

Polity & Governance