SC stays Lokpal Order Giving Itself Jurisdiction over HC Judges

Syllabus: GS2/Polity and Governance

Context

• The Supreme Court stayed a Lokpal order bringing High Court judges under its jurisdiction terming the interpretation “very disturbing”.

About

• Suo Motu Cognisance: Supreme Court’s Special Bench took suo motu cognisance of the Lokpal’s recent order, which impacted judicial independence.
  • Lokpal’s order declared High Court judges as ‘public servants’ under the Lokpal and Lokayuktas Act of 2013, allowing its jurisdiction over them.
• Lokpal’s Argument: Lokpal’s argument stemmed from High Courts being established by pre-constitutional British Acts, whereas the Supreme Court was formed by the Constitution.
  • Exclusion of Supreme Court Judges: Earlier, on January 3, Lokpal had ruled that it had no authority over Supreme Court judges.
  • Lokpal’s Jurisdiction: The Lokpal based its decision on Section 14(1) of the 2013 Act, which includes judges of High Courts created by Acts of Parliament.
• Supreme Court’s Stance: The Court emphasized that all judges are appointed under the Constitution, underscoring judicial independence.

Lokpal and Lokayuktas

• The Lokpal and Lokayuktas Act, 2013 came into effect in 2014.
• Purpose: Establish Lokpal at the Centre and Lokayuktas in states for investigating corruption in public servants.
• Concept: The concept was inspired by the Scandinavian Countries Ombudsman system.
  • The first Lokayukta was constituted in Maharashtra in 1971. 
• Appointment Process: Members of Lokpal (and Lokayuktas) appointed by the President (Governor), based on recommendations from a Selection Committee.
• Selection Committee: Includes the PM (CM), Speaker of the Lower House, Leaders of Opposition, CJI (or a nominated judge), and an eminent jurist nominated by the President. 
• Composition of Lokpal: One Chairperson (CJI/former SC judge/qualified non-judicial member), with up to 8 members.
  • 50% judicial members, and the non-judicial members need 25 years’ experience in relevant fields.
• Removal of Members: Members can be removed by the President after an inquiry by the Supreme Court, which may be initiated based on the President’s reference, a citizen’s petition, or a petition signed by 100 MPs.
• Jurisdiction of Lokpal: Can inquire into offences under the Prevention of Corruption Act, 1988, committed by the PM (with safeguards), Union Ministers, MPs, officers (Group A-D), and certain private entities.
  • PM’s Inquiry: Inquiry against the PM must be in-camera, approved by a 2/3 majority of the Lokpal, and cannot involve certain sensitive areas like national security.
  • The PM cannot be investigated related to international relations, external and internal security, public order, atomic energy and space.
• Inquiry and Investigation: Lokpal’s inquiry wing must act within 60 days, and investigations to be completed within 6 months.
• Jurisdiction of Lokayuktas: Covers the CM, Ministers, MLAs, state government employees, and certain private entities (including religious institutions).
• Penalties: Penalizes false complaints with imprisonment up to 1 year and a fine of up to ₹1 lakh.
  • Increases penalties for public servants committing corruption (from 5 to 7 years) and criminal misconduct (from 7 to 10 years).

Challenges

• Limited Jurisdiction: The jurisdiction is often limited to certain categories of public servants or specific areas of governance, which restrict their ability to address all forms of corruption comprehensively.
• Lack of Independence: They often face political interference or pressure from the government, which hinder their autonomy.
• Whistleblower Protection: Whistleblowers and complainants who report corruption may face threats, harassment, or retaliation, which discourages them from coming forward with information.
• Political Will: Ultimately, the effectiveness depends on the political will of the government to combat corruption and strengthen accountability mechanisms. 

Way Ahead

• Over the years, there have been calls for strengthening Lokpal and Lokayukts and expanding their jurisdiction to cover more public officials and institutions. 
• By implementing the required measures, India can significantly enhance the effectiveness and credibility of Lokpal and Lokayuktas in combating corruption and promoting good governance.

Source: TH