Lokpal Act

About

  • Under the 2013 Act, the Lokpal should consist of a chairperson and such number of members, not exceeding eight, of whom 50% should be judicial members.
  • The selection procedure for these posts is the same as that for the chairperson.
  • A search committee will prepare a panel of candidates, a selection committee will recommend names from among this panel, and the President will appoint these as members.
  • The Act states that not less than 50% of the members of the Lokpal should be from among persons belonging to the SCs, the STs, OBCs, minorities and women. The same rules apply members of the search committee.
  • Salaries, allowances and service conditions of the Lokpal chairperson will be the same as those for the Chief Justice of India; those for other members will be the same as those for a judge of the Supreme Court.
  • Any offence alleged to have been committed by a public servant punishable under the Prevention of Corruption Act, 1988
  • The Act does not allow a Lokpal inquiry if the allegation against the Prime Minister relates to international relations, external and internal security, public order, atomic energy and space.
  • Also, complaints against the Prime Minister are not to be probed unless the full Lokpal bench considers the initiation of an inquiry and at least two-thirds of the members approve it. Such an inquiry against the Prime Minister (if conducted) is to be held in camera and if the Lokpal comes to the conclusion that the complaint deserves to be dismissed, the records of the inquiry are not to be published or made available to anyone.
  • It shall apply to public servants in and outside India,” it states.
  • It clarifies that “a complaint under this Act shall only relate to a period during which the public servant was holding or serving in that capacity.

The Chairperson and Members shall be appointed by the President after obtaining the recommendations of a Selection Committee consisting of—

  1. the Prime Minister—Chairperson;
  2. the Speaker of the House of the People—Member;
  3. the Leader of Opposition in the House of the People—Member;
  4. the Chief Justice of India or a Judge of the Supreme Court nominated by him—Member;
  5. one eminent jurist, as recommended by the Chairperson and Members referred to in clauses (a) to (d) above, to be nominated by the President—Member

The Chairperson or a Member shall not be—

  • a member of Parliament or a member of the Legislature of any State or Union territory;
  • a person convicted of any offence involving moral turptitude;
  • 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;
  • a member of any Panchayat or Municipality;
  • a person who has been removed or dismissed from the service of the Union or a State

The Chairperson and every Member shall, on the recommendations of the Selection Committee, be appointed by the President by warrant under his hand and seal and hold office as such for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier.

The salary, allowances and other conditions of service of—

  • the Chairperson shall be the same as those of the Chief Justice of India;
  • other Members shall be the same as those of a Judge of the Supreme Court
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