Lokpal
Context: The Lokpal, in a full Bench judgment, has disposed of all three complaints against Madhabi Puri Buch, former Chairperson of the Securities & Exchange Board of India (SEBI), in the Hindenburg case, bringing major relief for her and the market regulator.
Important Pointers:
Composition: Lokpal consists of 1 Chairperson and up to 8 Members, of whom 50% must be Judicial Members.
Social Representation: At least 50% of the Members must belong to SCs, STs, OBCs, Minorities, and Women.
Chairperson Eligibility: Must be a sitting or retired Chief Justice of India, Judge of the Supreme Court, or an eminent person with integrity.
Judicial Member Eligibility: Must be a sitting or retired Judge of the Supreme Court or Chief Justice of a High Court.
Other Member Eligibility: Must be an eminent person with at least 25 years of expertise in anti-corruption policy, public administration, vigilance, finance, law, banking, insurance, or management.
Ineligibility Criteria:
Minimum Age: A person below 45 years is not eligible.
Conviction: Anyone convicted of an offence involving moral turpitude is ineligible.
Public Office: A person holding an office of profit/trust or affiliated with any political party is disqualified.
Legislative Membership: Current Members of Parliament, State Legislature, or local bodies (Panchayat/Municipality) are ineligible.
Service Dismissal: A person removed or dismissed from service of the Union or State government is barred.
Appointment & Tenure:
Appointing Authority: Lokpal is appointed by the President of India.
Term: Members hold office for 5 years or until 70 years of age, whichever is earlier.
Selection Committee:
Prime Minister (Chairperson)
Speaker of Lok Sabha
Leader of Opposition or largest opposition party in Lok Sabha
Chief Justice of India or a Supreme Court Judge nominated by the CJI
One eminent jurist nominated by the President
Jurisdiction:
Covers: Prime Minister, Ministers, MPs, and Group A, B, C, and D officers of the Central Government.
Exclusions: PM is not under jurisdiction in matters of:
international relations
External/internal security
Public order
Atomic energy
Space
Powers and Functions:
Supervisory Authority: Exercises superintendence over the Central Bureau of Investigation (CBI) for cases referred to it.
Investigative Powers: Can authorize search and seizure of documents related to corruption cases.
Civil Court Powers: Enjoys powers of a civil court under the Civil Procedure Code, 1908 for inquiry purposes.
Coordination with Central Vigilance Commission (CVC): CVC reports to Lokpal on complaints referred; Lokpal can issue guidelines for effective action.