The Hindu: Published on 22nd Feb 2025:
Why in News?
The Supreme Court of India has stayed a January 27 Lokpal order that sought to bring High Court judges under its jurisdiction, calling it “very disturbing.” The ruling has raised concerns over judicial independence and constitutional interpretation regarding the authority of the Lokpal in investigating allegations against the judiciary.
What Was the Lokpal’s Ruling?
The Lokpal, headed by Justice A.M. Khanwilkar (retired SC judge), ruled that High Court judges qualify as public servants under the Lokpal and Lokayuktas Act, 2013.
This ruling was based on a complaint that an Additional High Court Judge allegedly influenced a case decision to favor a private company that was previously his client.
The Lokpal argued that since High Courts predate the Constitution and were established under British-era laws, they should be treated as bodies established by an Act of Parliament—which brings them under Lokpal’s jurisdiction.
Supreme Court’s Response:
A Special Bench comprising Justices B.R. Gavai, Surya Kant, and A.S. Oka took suo motu cognizance of the Lokpal’s ruling.
The Supreme Court stayed the Lokpal’s order, highlighting that it threatened judicial independence and was a misinterpretation of the law.
The Bench issued notices to the Centre, the Lokpal Registrar, and the complainant, while also barring the complainant from revealing the name of the judge involved.
Key Legal Arguments & Interpretations
Government’s Stand: Solicitor-General Tushar Mehta firmly stated that High Court judges do not fall under the Lokpal’s authority.
SC’s Concern: The Court suggested that judicial independence would be undermined if Lokpal were allowed to investigate sitting judges.
Lokpal’s Justification: It argued that since High Courts were created under British-era Acts, they qualify as bodies established by an Act of Parliament, thus falling under Section 14(1)(f) of the Lokpal Act.
Past Precedents & Contradictions:
On January 3, 2024, the same Lokpal had ruled that Supreme Court judges, including the Chief Justice of India, do not fall under its jurisdiction because the SC was established by the Constitution rather than an Act of Parliament.
However, on January 27, it contradicted this stance by claiming authority over High Court judges based on historical reasoning.
What Happens Next?
The case is set for hearing on March 18, 2024.
The SC will likely clarify the legal boundaries of the Lokpal’s power and decide whether judges of constitutional courts can be investigated by the Lokpal.
This ruling could have a major impact on the accountability and independence of the judiciary in India.
Key Takeaways
- Supreme Court steps in to protect judicial independence by staying Lokpal’s order.
- The government also opposes Lokpal’s jurisdiction over High Court judges.
- Lokpal’s reasoning of historical establishment of High Courts is controversial and unprecedented.
- The final SC ruling will determine the extent of Lokpal’s power over the judiciary.
