Background
- The Supreme Court has decided to assess whether judges of constitutional courts (High Courts and Supreme Court) fall under the jurisdiction of Lokpal.
- The case was taken up suo motu after the Lokpal issued an order on January 27, 2024, claiming authority to investigate complaints against serving High Court judges.
Relevance : GS 2(Governance, Judiciary)
Key Legal Issues
- Definition of Public Functionary: Lokpal Act, 2013, covers the Prime Minister, Union Ministers, MPs, and central government officials, but its applicability to judges is unclear.
- Judicial Independence vs. Accountability: The examination will weigh the need for judicial independence against transparency and accountability.
- Separation of Powers: The judiciary is an independent organ under the Constitution. The case will test whether external oversight by Lokpal violates this principle.
Supreme Court’s Position
- A Bench led by Justice B.R. Gavai will conduct a detailed examination of the issue.
- Justice Gavai acknowledged that the court will “consider the issue of the jurisdiction of the Lokpal.”
Lokpal’s Interpretation
- Lokpal classified High Court judges as public servants under the Lokpal and Lokayuktas Act, 2013.
- It equated them with Ministers and government officials, asserting that complaints against them fall within its purview.
Potential Implications
- Impact on Judicial Independence
- If Lokpal gains jurisdiction, judges could be investigated by an external body, potentially affecting their autonomy.
- This may raise concerns about executive influence over the judiciary.
- Enhancing Judicial Accountability
- If upheld, this could set a precedent for greater scrutiny of judicial conduct.
- It could strengthen anti-corruption mechanisms in higher judiciary.
- Possible Constitutional Challenge
- The Judges (Inquiry) Act, 1968 and Articles 124 & 217 provide specific mechanisms for judicial discipline.
- Any overlap with Lokpal’s jurisdiction may lead to a constitutional conflict.
Way Forward
- The Supreme Court’s ruling will have far-reaching consequences on judicial oversight.
- If judges are brought under Lokpal’s jurisdiction, it could necessitate legislative changes.
- The final decision will likely shape future debates on judicial accountability and the scope of Lokpal’s authority.
