Supreme Court Stay on Lokpal Order Covering HC Judges
Why in the news
The Supreme Court paused a Lokpal order that treated High Court judges as public servants liable to investigation, raising questions about judicial independence.
About the Lokpal
- Anti-corruption body; the word means “defender of the people”.
- Statutory body under the Lokpal and Lokayuktas Act, 2013.
- A chairperson plus up to eight members, at least four judicial.
- Covers the Prime Minister, ministers, MPs and government employees; the chair may assign cases to benches.
Lokpal versus Lokayukta
| Feature | Lokpal | Lokayukta |
|---|---|---|
| Level | National | State |
| Head | Panel of judges or retired judges | Panel of judges or retired judges |
| Power | Investigate and prosecute corruption | Investigate and prosecute corruption |
- Term coined in 1963 by Dr. L.M. Singhvi; first Lokpal Bill brought in 1968.
The controversy
- Bench: Justices B.R. Gavai, Surya Kant and A.S. Oka.
- Lokpal’s January 27 order under then-chair Justice A.M. Khanwilkar held High Court judges to be public servants under the Act.
- Trigger: a complaint that a High Court judge influenced an Additional District Judge to favour a private company that was once the judge’s client.
Concerns
- An independent judiciary is a basic feature of the Constitution.
- Judges are impeached under Articles 124 and 217; corruption cases mostly go through internal court mechanisms.
- Open questions: are judges public servants under the Act, and who would investigate – Lokpal, CBI or a judicial body?
Exam angle
- Hearing date: March 18.
- Parent Act: Lokpal and Lokayuktas Act, 2013.