Supreme Court Stays Lokpal Order on Corruption Complaint Against HC Judge
Context:
The Supreme Court has stayed a Lokpal order that took cognizance of a corruption complaint against an unnamed High Court judge.
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- The order, issued on January 27, 2025, by a Lokpal bench led by former Supreme Court judge A M Khanwilkar, asserted that the Lokpal has the authority to hear corruption complaints against former judges under the Lokpal and Lokayuktas Act, 2013.
- However, the Supreme Court took suo motu cognizance of the case, with a Bench comprising Justices B R Gavai, Surya Kant, and A S Oka describing the matter as “something very, very disturbing.”
- The court subsequently stayed the Lokpal order, with the next hearing scheduled for March 18.
Supreme Court’s Rationale
- While acknowledging the need for judicial accountability, the Supreme Court has consistently emphasised safeguarding judicial independence.
- The Lokpal, an independent statutory body under the executive, could have introduced a new avenue for complaints against judges, potentially bypassing established procedures for handling allegations against members of the judiciary.
Legal Framework for Complaints Against Judges
- Under Section 77 of the Indian Penal Code, 1860 (now Section 15 of the Bharatiya Nyaya Sanhita, 2023), judges cannot be charged with offenses related to the execution of their official duties.
- Additionally, in K Veeraswami v. Union of India (1991), the Supreme Court ruled that judges could be investigated under the Prevention of Corruption Act, but only with the President’s sanction, which must be granted after consultation with the Chief Justice of India (CJI).
- This safeguard was established to protect judges from frivolous prosecution and undue harassment.
- The process for investigating a judge is distinct from the impeachment process, which requires approval from Parliament.
Lokpal’s Jurisdiction
- The case before the Lokpal involved two complaints against a High Court judge, alleging that he had influenced judicial proceedings involving a company he had previously represented as an advocate.
- The Lokpal’s ruling did not address the merits of the complaint but rather examined whether it had jurisdiction over High Court judges.
- The Lokpal and Lokayuktas Act states that it applies to public servants both within and outside India.
- Section 14 defines “public servant” to include individuals serving in or previously serving in autonomous bodies established by an Act of Parliament or controlled by the central government.
- While the Lokpal has ruled that Supreme Court judges do not fall under this definition—since the Supreme Court was established under Article 124 of the Constitution—the Lokpal determined that High Court judges do.
- It cited the General Clauses Act, 1897, which includes Acts passed before the Constitution’s commencement, such as the High Courts Act, 1861, and the Government of India Act, 1935, as falling under the definition of an Act of Parliament.
- The Lokpal concluded that a High Court judge qualifies as a “public servant” under its jurisdiction.
- However, recognising the legal precedent set by K Veeraswami, the Lokpal exercised caution, ruling that before proceeding further, it would refer the matter to the Chief Justice of India for guidance on the appropriate course of action.
Jurisdiction of Lokpal
Prime Minister and Ministers: The Lokpal has jurisdiction over the Prime Minister, except for allegations related to international relations, security, public order, atomic energy, and space.
Members of Parliament (MPs): Current and former MPs are under Lokpal’s jurisdiction, excluding matters related to speeches or votes in Parliament.
Government Officials: The Lokpal’s jurisdiction extends to all Groups A, B, C, and D officers and officials of the Central Government.
Institutions and Bodies: It covers chairpersons, members, officers, and directors of any board, corporation, society, trust, or autonomous body established by an Act of Parliament or funded by the Centre. Additionally, it includes societies or trusts receiving foreign contributions exceeding ₹10 lakh per year.
CBI and Other Agencies: The Lokpal has supervisory powers over the Central Bureau of Investigation (CBI) for cases referred to it, ensuring that investigating officers cannot be transferred without Lokpal’s approval.
