Questions & explanations
1. Consider the following statements:
1. The Lokpal's superintendence over the CBI is limited to cases referred by the Lokpal.
2. The Lokpal can transfer officers of the CBI investigating a case referred by it.
3. The Prosecution Wing of the Lokpal is responsible for filing the charge sheet in cases investigated by the CBI on reference from Lokpal.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer: (b) 1 and 2 only
Statement 1 is correct: the Lokpal's superintendence over the CBI is limited only to cases referred by the Lokpal (Section 26 of the Lokpal Act). Statement 2 is correct: the Lokpal can direct transfer of officers of the CBI investigating a referred case (Section 26(2)). Statement 3 is incorrect: the Prosecution Wing of the Lokpal files the complaint/prosecution in the Special Court, not the 'charge sheet' per se (which the CBI files); the Prosecution Wing presents the case. More precisely, the Prosecution Wing of the Lokpal is indeed responsible for prosecution in Special Courts for cases investigated under the Act — this is broadly correct under Section 16 of the Act. Re-evaluating: Section 16 says the Prosecution Wing shall, after receipt of investigation report from the Director of Prosecution appointed by the Lokpal, file a case in the Special Court. So Statement 3 is substantially correct. All three statements are correct. Correct answer: (d). However, Statement 3 needs clarification — the CBI files the charge sheet; the Prosecution Wing of Lokpal presents the case in Special Co
2. Consider the following statements regarding the Chief Information Commissioner (CIC) in India:
1. The Chief Information Commissioner holds office for a term of 3 years or until the age of 65 years, whichever is earlier.
2. The Chief Information Commissioner is eligible for reappointment to the same post.
3. The President can remove the CIC on the ground of proven misbehavior or incapacity only after the Supreme Court has inquired into the matter and recommended removal.
4. The salary and allowances of the CIC are determined by the Central Government.
Which of the statements given above are correct?
- (a) 1 and 2 only
- (b) 1, 3 and 4 only
- (c) 2 and 3 only
- (d) 1, 2, 3 and 4
Answer: (b) 1, 3 and 4 only
Statement 1 is correct: As per the RTI (Term of Office, Salaries, Allowances and Other Conditions of Service of Chief Information Commissioner, Information Commissioners in the Central Information Commission, State Chief Information Commissioner and State Information Commissioners in the State Information Commission) Rules, 2019, the CIC holds office for a term of 3 years or until the age of 65 years, whichever is earlier. Statement 2 is incorrect: Rule 4(3) of the 2019 Rules explicitly states that the Chief Information Commissioner shall not be eligible for reappointment to the same post. While the RTI (Amendment) Act, 2019 removed the statutory bar on reappointment, the subsequent rules reintroduced this restriction for the same post. Statement 3 is correct: Section 14 of the RTI Act, 2005 (unchanged by the 2019 amendment in this regard) states that the President can remove the CIC on the ground of proven misbehavior or incapacity only after the Supreme Court, on a reference made to it by the President, has inquired into the matter and reported that the CIC ought to be removed. Sta
3. Consider the following statements regarding the composition of the Central Vigilance Commission (CVC):
1. The CVC is headed by a Central Vigilance Commissioner.
2. The CVC consists of a maximum of three vigilance commissioners.
3. The members of the CVC are appointed by the President of India on the recommendation of a committee.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (d) 1, 2 and 3
Statement 1 is correct: the CVC is headed by a Central Vigilance Commissioner. Statement 2 is correct per the CVC Act, 2003: the Commission consists of the Central Vigilance Commissioner and not more than two Vigilance Commissioners — the Act says 'not more than two Vigilance Commissioners' making the maximum body size three, but statement 2 says 'maximum of three vigilance commissioners' which is slightly imprecise (there are max 2 VCs plus 1 CVC = 3 total). However, reading the Act literally, Section 4 says 'not more than two Vigilance Commissioners' — so 'maximum of three vigilance commissioners' is technically wrong if it means three VCs. If statement 2 means maximum of three members including the CVC, it is correct. Given standard UPSC preparation materials consistently state 'CVC is a multi-member body consisting of a Central Vigilance Commissioner and not more than two other Vigilance Commissioners' (Laxmikanth), and statement 2 says 'maximum of three vigilance commissioners' without the qualifier 'other', this is ambiguous but typically read as 'three members total'. Statemen
4. An MP is alleged to have accepted a bribe to ask a question in Parliament. Can the Lokpal investigate this conduct?
- (a) Yes, because bribery is a criminal offence
- (b) No, because the conduct is protected under Article 105
- (c) Yes, because the Lokpal Act overrides Article 105
- (d) No, because the Lokpal cannot investigate any MP
Answer: (a) Yes, because bribery is a criminal offence
The Supreme Court in P.V. Narasimha Rao v. State (1998) held that MPs who accepted bribes to vote in Parliament were protected under Article 105(2) immunity (though this was a controversial ruling). More significantly, the Lokpal Act excludes from its jurisdiction the conduct of MPs in Parliament. However, the Supreme Court in 2024 (in the Sita Soren case, Constitution Bench, 2024) overruled P.V. Narasimha Rao and held that bribery to vote in Parliament is NOT protected by parliamentary privilege — MPs can be prosecuted for bribery. Post-2024, the correct answer is (a): Yes, the Lokpal/courts can investigate bribery even for voting. BUT the Lokpal Act 2013 explicitly excludes 'conduct of Members of Parliament in Parliament in the discharge of their function as Members of Parliament including a vote given' (with the exception of bribery under the PCA). Given this complexity and the 2024 SC ruling, the answer pivots: bribery for a vote CAN now be investigated/prosecuted post-2024. Given the 2024 Constitution Bench ruling overruling P.V. Narasimha Rao, option (a) is now the legally corr
5. Who constitutes the committee responsible for recommending the appointment of the Chairperson and members of the NHRC?
- (a) Prime Minister, Speaker of Lok Sabha, Deputy Chairman of Rajya Sabha, Home Minister, and Leader of Opposition
- (b) President, Vice President, Prime Minister, Speaker of Lok Sabha, and Leader of Opposition
- (c) Prime Minister, Home Minister, Finance Minister, and Chief Justice of India
- (d) President, Prime Minister, and Chief Minister of all states
Answer: (a) Prime Minister, Speaker of Lok Sabha, Deputy Chairman of Rajya Sabha, Home Minister, and Leader of Opposition
Under Section 3 of the Protection of Human Rights Act, 1993, the President appoints the NHRC Chairperson and members on the advice of a committee. The full committee has six members: the Prime Minister (as head), the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, the Union Home Minister, and the Leaders of the Opposition in both the Lok Sabha and the Rajya Sabha. Among the given choices, option (a) is the only one that lists these constitutional office-holders, so it is the answer. The other options wrongly add people like the Vice President, Finance Minister, or Chief Justice, who are not on this committee. Correct. It lists the right office-holders of the appointment committee (which also includes both Leaders of the Opposition). Wrong. The Vice President and President are not part of this committee. Wrong. The Finance Minister and Chief Justice are not on this committee. Wrong. Chief Ministers of states are not part of this committee.
6. Consider the following statements regarding the composition of the NHRC:
1. The Chairperson is a person who has been the Chief Justice of India or a Judge of the Supreme Court.
2. The Commission consists of a Chairperson, three Members, and a woman Member, in addition to ex-officio members.
3. The members must be persons of eminence in the field of human rights.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (c) 1 and 3 only
Statements 1 and 3 are correct, so the answer is 1 and 3 only. Statement 1: under the Protection of Human Rights Act, 1993 (amended in 2019), the Chairperson must be a person who has been the Chief Justice of India or a Judge of the Supreme Court. Statement 3: members are chosen from persons with knowledge or practical experience in human rights. The NHRC has a Chairperson, plus a Member who is or was a Judge of the Supreme Court, a Member who is or was a Chief Justice of a High Court, and three more Members with human rights knowledge (at least one of them a woman), besides the ex-officio members. The wording in statement 2 (three Members plus a separate woman Member, leaving out the judicial Members) does not match this. Wrong, because it includes statement 2, which is false. Wrong, because it includes statement 2, which is false. Correct combination (1 and 3). Wrong, because statement 2 is false.
7. Which of the following authorities is responsible for investigating allegations of corruption against public servants at the central level in India?
- (a) Central Vigilance Commission
- (b) Central Bureau of Investigation
- (c) Lokpal
- (d) Comptroller and Auditor General
Answer: (c) Lokpal
The Lokpal is the main body set up under the Lokpal and Lokayuktas Act, 2013 to look into corruption charges against public servants at the central level, including the Prime Minister, Ministers and Members of Parliament. It can order an inquiry or investigation and recommend prosecution, so it is the correct answer. Wrong as the main answer. The Central Vigilance Commission can inquire into or get inquiries done in corruption matters and supervises the CBI, but for this question the Lokpal is the body created specially to act against corruption at the top level. Wrong. The CBI is an investigating agency, but it acts on references and does not have the special anti-corruption mandate the Lokpal has at the central level. Wrong. The Comptroller and Auditor General only audits government accounts; it does not investigate corruption.
8. Which of the following authorities is responsible for the appointment of the Lokpal under the Lokpal and Lokayuktas Act, 2013?
- (a) President of India
- (b) Prime Minister of India
- (c) National Judicial Appointments Commission
- (d) Selection Committee headed by the Prime Minister, Speaker of Lok Sabha, and Leader of Opposition
Answer: (d) Selection Committee headed by the Prime Minister, Speaker of Lok Sabha, and Leader of Opposition
The Lokpal is chosen by a Selection Committee. This committee has five members: the Prime Minister, the Speaker of the Lok Sabha, the Leader of Opposition in the Lok Sabha, the Chief Justice of India (or a Supreme Court judge named by the CJI), and one eminent jurist named by the President. The President then formally appoints the Lokpal on this committee's advice. Option (a): The President only signs the appointment; the committee does the actual selecting, so (a) is not the best answer. Option (b): The Prime Minister is only one member of the committee; he does not pick the Lokpal alone. Option (c): The National Judicial Appointments Commission was struck down by the Supreme Court and has no role here. Option (d) is correct: the Selection Committee, headed by the Prime Minister, recommends the Lokpal.
9. Which of the following best describes the role of the Lokpal in relation to the Central Vigilance Commission (CVC)?
1. The Lokpal has independent powers and does not require CVC’s approval for initiating inquiries.
2. The Lokpal can supersede the CVC in cases involving high-level corruption.
3. The Lokpal and CVC operate in parallel, with no overlap in jurisdiction.
- (a) 1 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (a) 1 only
Statement 1 is correct: The Lokpal has independent powers and can initiate inquiries without CVC’s approval, although it can also refer matters to the CVC or CBI. Statement 2 is incorrect: The Lokpal does not inherently supersede the CVC. While the Lokpal can direct the CVC to conduct preliminary inquiries or investigations in certain cases and the CVC reports to the Lokpal on such matters, the CVC retains its independent functions within its jurisdiction. The relationship is one of coordination and oversight, not outright supersession. Statement 3 is incorrect: There is significant overlap in jurisdiction, particularly concerning central government employees, leading to defined referral mechanisms and potential coordination requirements, not parallel operation with no overlap.
10. Which of the following is NOT a member of the NHRC as per the Protection of Human Rights Act, 1993?
- (a) A former Chief Justice of India
- (b) A former Judge of the Supreme Court
- (c) A former Union Minister
- (d) A person having knowledge of human rights
Answer: (c) A former Union Minister
The answer is (c). A former Union Minister is NOT a fixed category of NHRC member, so option (c) is the one that is NOT a member. Under the Protection of Human Rights Act, 1993 (changed in 2019), the NHRC has a Chairperson and five members. The Chairperson must be a person who has been the Chief Justice of India or a Judge of the Supreme Court. So both option (a) and option (b) describe people who can be the Chairperson. The five members include one who is or has been a Judge of the Supreme Court, one who is or has been the Chief Justice of a High Court, and three persons with knowledge of human rights. So option (d) also describes a real member. There is no Vice-Chairperson in the NHRC. Only the former Union Minister has no place in the list, so (c) is the correct answer.
11. With reference to the composition of the National Human Rights Commission (NHRC) after the 2019 amendment, consider the following statements: 1. The Chairperson must be a person who has held the office of Chief Justice of India or a Judge of the Supreme Court. 2. Three members of the Commission are appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights. 3. The Chairpersons of seven National Commissions serve as ex-officio members of the NHRC. Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (a) 1 and 2 only
Statement 1 is correct. After the 2019 amendment, the Chairperson must be a person who has been the Chief Justice of India or a Judge of the Supreme Court. Statement 2 is correct. Three members are appointed from people who have knowledge of or practical experience in human rights, and at least one of them must be a woman. After 2019 there are seven ex-officio (deemed) members, but they are not the heads of seven National Commissions. They are the heads of six National Commissions (Minorities, SCs, STs, Women, Backward Classes, and Protection of Child Rights) plus the Chief Commissioner for Persons with Disabilities. So only Statements 1 and 2 are correct. Correct. Wrong. Statement 3 is incorrect. Wrong. Statement 3 is incorrect. Wrong. Statement 3 is incorrect.
12. Which of the following statements about the jurisdiction of the Lokpal is/are correct?
1. The Lokpal can investigate allegations of corruption against the Prime Minister.
2. The Lokpal can initiate inquiry into cases involving public funds or property.
3. The Lokpal has jurisdiction over all central government employees, including those in autonomous bodies.
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (d) 1, 2 and 3
All three statements are correct. Statement 1 is correct: the Lokpal can look into corruption charges against the Prime Minister, except in a few areas like national security, foreign relations, public order, atomic energy and space. Such an inquiry needs the approval of at least two-thirds of the full Lokpal bench (not a Speaker–Leader of Opposition committee, which is only for selecting the Lokpal). Statement 2 is correct: the Lokpal can look into cases involving misuse of public funds or property. Statement 3 is correct: the Lokpal covers central government employees, including those in bodies funded or controlled by the central government. So the answer is (d) 1, 2 and 3. Options (a), (b) and (c) are wrong because they each leave out a correct statement.