• The Lokpal is an investigative body headed by the incumbent Chief Justice of India or a retired judge. It has eight members, four of whom are judicial members. The Lokpal has jurisdiction to inquire into allegations of corruption against the Prime Minister, Ministers, Members of Parliament, Group A, B, C and D officers and officials of the central government.
  • Section 14 of the Lokpal Act, which has now been amended, said that if the Lokayukta is satisfied on the complaint against the public servant being substantiated that he should not continue to hold the post held by him, he shall make a declaration to that effect in his report to the competent authority who shall accept it and act upon it.
  • However, an investigative body does not have the legal authority to direct the public servant to resign his post on the basis of its findings. It can only submit its findings to the competent authority or, as is provided in the Lokpal Act, file a case in the special court.
  • Further, the Governor can dismiss a Chief Minister only when he loses his majority in the Assembly and refuses to step down. It would amount to a constitutional violation for an external investigative body to declare that its decision be carried out by the Governor.