Recently, the Supreme Court stayed the Lokpal’s January 27 order which held it  had the power to look into complaints against sitting judges of High Courts.

Background of the case

• Lokpal’s Order:
  • The Lokpal, headed by Justice A M Khanwilkar, ruled that it had the power to investigate complaints against sitting High Court judges under Section 14(1)(f) of the Lokpal and Lokayuktas Act, 2013.
  • Based its decision on K Veeraswamy vs. Union of India (1991), which held that superior court judges come under the Prevention of Corruption Act, 1947.
  • The complaint was about a sitting Additional High Court Judge allegedly influencing judicial decisions.
• Supreme Court’s Intervention:
  • SC took suo motu cognizance of the matter.
  • Stay on Lokpal’s Order issued, expressing strong disapproval.
  • Key Observations by the Court:
    • High Court judges are constitutional authorities, not statutory functionaries.
    • Lokpal misinterpreted the Act; HC judges do not fall within its ambit.
    • Maintaining judicial independence is crucial.

Legal & Constitutional Aspects

• Article 124 & 217: High Court & Supreme Court judges are constitutional authorities.
  • Deal with the organization, independence, jurisdiction, powers, and procedures of the Supreme Court.
• Lokpal and Lokayuktas Act, 2013:
  • Section 14(1)(f): Defines who is considered a public servant for the purpose of the Act..
  • SC ruled that HC judges are not ‘public servants’ under this provision.
• K Veeraswamy Judgment (1991): 
  • Judges of High Courts and the Supreme Court fall within the definition of “public servant” under Prevention of Corruption Act.
  • No criminal case can be registered against a judge of a High Court or Supreme Court without the prior consent of the Chief Justice of India (CJI).

About public servant

• The term “public servant” typically refers to an individual who is employed by the government or a government agency to serve the public. 
• This can include elected officials, civil servants, law enforcement officers, teachers, healthcare professionals, and many others who work in the public sector.

About Lokpal

• The Lokpal is a national-level anti-corruption institution established to investigate and prosecute corruption cases involving public officials. 
• It serves as an independent body to ensure accountability among ministers and government employees.
• It is a statutory body without any constitutional status.
• Establishment: The Lokpal and Lokayukta Act, passed in 2013, came into force in 2014. 
• However, the first Lokpal, Justice Pinaki Chandra Ghosh, was appointed only in 2019 after a delay of nearly five years. 
  • The Act also mandates the establishment of Lokayuktas at the state level.