Question

Difficulty: MediumStatutory Bodies, Citizen Charters, RTI, and Public Policy Governance

Which of the following statements regarding the statutory jurisdiction and operational powers of the Lokpal under the Lokpal and Lokayuktas Act, 2013 are correct?

  1. It possesses powers of superintendence over and can issue directions to investigating agencies, including the Central Bureau of Investigation (CBI), for cases referred by it.Answer
  2. The Prime Minister of India falls within its jurisdiction, subject to specified subject-matter exemptions such as international relations, security, public order, atomic energy, and space.Answer
  3. It is vested with the powers of a civil court under the Code of Civil Procedure, 1908, while conducting preliminary inquiries.Answer
  4. D
    It possesses statutory authority to suo motu initiate preliminary inquiries against public servants without receiving any formal complaint.

Answer

The correct statements are those concerning the Lokpal's superintendence over investigating agencies like the CBI for referred cases, the inclusion of the Prime Minister under its jurisdiction with specified exemptions, and its vesting with civil court powers during preliminary inquiries.
The correct statements accurately identify that the Lokpal exercises superintendence over investigating agencies (including the CBI) for cases referred by it, brings the Prime Minister under its purview with specific exclusions (such as international relations and atomic energy), and enjoys civil court powers under the Code of Civil Procedure, 1908, while conducting inquiries.

Step-by-Step Solution

1
Evaluate the statement regarding superintendence over investigating agencies.
The statement is correct because Section 25 of the Lokpal and Lokayuktas Act, 2013 grants the Lokpal powers of superintendence over any agency investigating cases referred by it.
Verify statutory oversight powers over investigating agencies.
2
Evaluate the statement regarding the Prime Minister's inclusion under Lokpal jurisdiction.
The statement is correct as Section 14 includes the Prime Minister within the Lokpal's purview, subject to specific exclusions like atomic energy, space, security, and international relations.
Determine the scope of jurisdiction over high constitutional functionaries.
3
Evaluate the statement regarding civil court powers during inquiry.
The statement is correct because Section 27 explicitly accords the Lokpal the powers of a civil court under the Code of Civil Procedure, 1908.
Assess the judicial powers granted to the statutory body during proceedings.
4
Evaluate the statement regarding suo motu powers.
The statement is incorrect because the Lokpal lacks statutory power to take suo motu cognizance and requires a written complaint to commence proceedings.
Examine the procedural trigger for Lokpal action.

Key Concept

Powers, jurisdiction, and procedural framework of the Lokpal under the Lokpal and Lokayuktas Act, 2013
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