The Lokpal

In one line

The Lokpal is a nine-member body with jurisdiction over the Prime Minister, Ministers, members of Parliament and all central public servants, which can inquire, direct an investigation, grant sanction and direct a prosecution.

In the wording a student can write in an exam: under section 3 the Lokpal consists of a Chairperson, who is or has been a Chief Justice of India or a Judge of the Supreme Court or an eminent person, and not more than eight Members, of whom fifty per cent shall be Judicial Members and not less than fifty per cent shall be from the Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities and women; and under section 14 its jurisdiction extends to the Prime Minister, Ministers of the Union, members of either House of Parliament, and Group A, B, C and D officers and officials of the Central Government.

Composition and appointment

Section 3. A Chairperson who is or has been a Chief Justice of India, or is or has been a Judge of the Supreme Court, or an eminent person meeting the qualification for a non-judicial Member; and not more than eight Members, of whom fifty per cent must be Judicial Members. A Judicial Member must be or have been a Judge of the Supreme Court or a Chief Justice of a High Court. A non-judicial Member must be a person of impeccable integrity and outstanding ability with special knowledge and expertise of not less than twenty-five years in anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management. Not less than fifty per cent of the Members must be from the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, minorities and women.

Section 4, the Selection Committee. The Chairperson and Members are appointed by the President after obtaining the recommendations of a Selection Committee consisting of the Prime Minister as Chairperson, the Speaker of the House of the People, the Leader of Opposition in the House of the People, the Chief Justice of India or a Judge of the Supreme Court nominated by him, and one eminent jurist recommended by the other four and nominated by the President. No appointment is invalid merely by reason of a vacancy in the Committee. The Selection Committee constitutes a Search Committee of at least seven persons of standing to prepare a panel, of whom not less than fifty per cent must be from the same categories.

Note the design. Two of the five members of the Selection Committee are from the Government, one is the Speaker, one is the Chief Justice or his nominee, and one is a jurist chosen by the other four. It is a genuine attempt at a committee the executive does not control, and the vacancy clause is the qualification, since it allows the Committee to proceed without the Leader of the Opposition.