Section 3 of LLA : Section 3: Establishment Of Lokpal

Explanation using Example

Imagine a scenario where the Indian government decides to appoint a new Chairperson for the Lokpal. They consider a former Chief Justice of India, Mr. A, who has a distinguished record and is known for his integrity. Mr. A's appointment is in line with Section 3(2)(a) of the Lokpal and Lokayuktas Act, 2013, which allows for a person who has been a Chief Justice of India to be appointed as the Chairperson of the Lokpal.

Alongside Mr. A, the government also plans to appoint four other Members to the Lokpal. Two of these Members are former Supreme Court Judges, fulfilling the requirement of Section 3(2)(b) that fifty percent of the Members should be Judicial Members. The other two Members are experts in finance and public administration with over twenty-five years of experience, meeting the criteria of Section 3(3)(b).

One of the proposed Members, Ms. B, is known for her work in the field of anti-corruption and belongs to a minority community. Her appointment would ensure compliance with the provision that fifty percent of the Lokpal's Members come from Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities, and women.

Before the appointments are finalized, the government ensures that none of the candidates fall under the disqualifications listed in Section 3(4). They confirm that none of the appointees are members of Parliament, have been convicted of a crime involving moral turpitude, or are under the age of forty-five. They also verify that none hold any office of profit, are involved in any business, or are practicing any profession, as they would need to resign or cease these activities before assuming their roles with the Lokpal.

This example shows how the government applies the Lokpal and Lokayuktas Act, 2013, to ensure that the Lokpal is constituted with qualified and eligible individuals who can effectively carry out the body's mandate to address corruption.