Can the Lokpal investigate High Court judges

Source: The post Can the Lokpal investigate High Court judges has been created, based on the article “Judges’ dilemma: Accountability and independence ought to be equally important for judges” published in “The Hindu” on 22nd February 2025.

UPSC Syllabus Topic: GS Paper2- Judiciary

Context: The article discusses whether High Court judges fall under the Lokpal’s jurisdiction. The Supreme Court stayed the Lokpal’s ruling. It highlights concerns about judicial independence and accountability, suggesting the need for a better mechanism to handle corruption charges against judges.

For detailed information on Lokpal of India read this article here

Can the Lokpal Investigate High Court Judges?

1. The Lokpal ruled that High Court judges are under its jurisdiction as “public servants” under the Prevention of Corruption Act.
2. The Supreme Court stayed this ruling on its own motion, raising concerns about judicial independence.
3. Earlier, the Lokpal rejected a complaint against a former Chief Justice of India (CJI), stating that the Lokpal Act, 2013, does not cover Supreme Court judges.
4. It justified its ruling on High Court judges by stating that High Courts are statutory bodies, unlike the Supreme Court, which is a constitutional body.

How Does This Affect Judicial Independence and Accountability?

1. Many believe this ruling undermines judicial independence, as judges would be answerable to the Lokpal.
2. The Supreme Court, government law officers, and senior advocates found the Lokpal’s decision disturbing for this reason.
3. In K. Veeraswami vs Union of India (1991), the Court ruled that a case cannot be filed against a judge without consulting the CJI, but it also recognized that judges are public servants under the Prevention of Corruption Act.

What Is the Current Process for Handling Corruption Complaints Against Judges?

1. Complaints must be sent to the CJI, Chief Justice of a High Court, or the President.
2. If found credible, actions include asking the judge to resign, denying judicial work, or recommending removal through Parliament.
3. Some judges are transferred, but the reason is not disclosed.
4. The Supreme Court may review whether independent prosecution under court supervision is needed.

Does the Judiciary Need a Stronger Accountability Mechanism?

1. The Supreme Court may review the Lokpal ruling, raising the need for better accountability mechanisms.
2. The judiciary should consider if the current process is sufficient or if independent prosecution under court supervision is necessary.
3. Both accountability and independence should be given equal importance.

Question for practice:

Discuss how the Lokpal’s jurisdiction over High Court judges impacts judicial independence and accountability.