Vidhi Codex

section 3

Establishment of Lokpal.

The Lokpal and Lokayuktas Act, 2013
General201363 sections
Read full ActSections

Chapter II ESTABLISHMENT OF LOKPAL

Statutory text
  1. (1) On and from the commencement of this Act, there shall be established, for the purpose of this Act, a body to be called the "Lokpal".
  2. (2) The Lokpal shall consist of—
    • (a) 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 who fulfills the eligibility specified in clause (b) of sub-section (3); and
    • (b) such number of Members, not exceeding eight out of whom fifty per cent. shall be Judicial Members: Provided that not less than fifty per cent. of the Members of the Lokpal shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities and women.
  3. (3) A person shall be eligible to be appointed,—
    • (a) as a Judicial Member if he is or has been a Judge of the Supreme Court or is or has been a Chief Justice of a High Court;
    • (b) as a Member other than a Judicial Member, if he is a person of impeccable integrity and outstanding ability having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.
  4. (4) The Chairperson or a Member shall not be—
    • (i) a member of Parliament or a member of the Legislature of any State or Union territory;
    • (ii) a person convicted of any offence involving moral turptitude;
    • (iii) 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;
    • (iv) a member of any Panchayat or Municipality;
    • (v) a person who has been removed or dismissed from the service of the Union or a State, and shall not hold any office of trust or profit (other than his office as the Chairperson or a Member) or be affiliated with any political party or carry on any business or practise any profession and, accordingly, before he enters upon his office, a person appointed as the Chairperson or a Member, as the case may be, shall, if—
    • (a) he holds any office of trust or profit, resign from such office; or
    • (b) he is carrying on any business, sever his connection with the conduct and management of such business; or
    • (c) he is practising any profession, cease to practise such profession.

Study data processing for this section.

PDF: pending for this language.