Copyright infringement not intended

Context:

The Supreme Court has suspended Lokpal's order to bring High Court judges under its jurisdiction, mentioning its interpretation as disturbing and posing a threat to judicial independence.

Background: Lokpal’s Order

The Lokpal, chaired by former Supreme Court judge Justice A.M. Khanwilkar, ruled that High Court judges are “public servants” under the Lokpal and Lokayuktas Act, 2013, which place them within its investigative ambit.

The decision derived from two complaints against a sitting High Court judge accused of influencing lower-court decisions to favor a private company, allegedly a former client from his advocacy days. 

The Lokpal argued:

• High Courts were established by pre-Independence British Acts (e.g., Indian High Courts Act, 1861) and Letters Patent, predating the Constitution.
• Article 214 of the Constitution simply “recognized” High Courts but did not establish them, unlike the Supreme Court (Article 124).
• Clause (f) of Section 14(1) of the 2013 Act grants Lokpal jurisdiction over “any person” in bodies established by Parliament, which includes High Court judges.

Supreme Court’s Intervention

The SC took suo motu cognisance (initiated proceedings on its own) of the Lokpal’s order, forming a Special Bench of Justices B.R. Gavai, Surya Kant, and A.S. Oka (all Collegium members).

Solicitor General Tushar Mehta (representing the Union government) argued High Court judges are constitutional appointees, not statutory functionaries, and thus outside Lokpal’s scope.

SC Order

• Stayed the Lokpal’s order, blocking its implementation.
• Issued notices to the Union government, Lokpal Registrar, and the complainant, scheduling the next hearing for March 18, 2025.
• Denied the complainant from disclosing the judge’s name or complaint details, mentioning confidentiality.

Must Read Articles:

NEW LOKPAL APPOINTED

LOKPAL

Source:

THE  HINDU

https://t.me/+hJqMV1O0se03Njk9