Supreme Court Stays Lokpal Order on Corruption Complaint Against HC Judge
(Source – Indian Express, Section – Explained- Page No. – 14)
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Topic: GS2 – Polity |
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Context |
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Analysis of the news:
SC’s Rationale
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The Supreme Court intervened, calling the Lokpal order “very disturbing,” emphasizing the need to protect judicial independence.
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It has previously balanced accountability with safeguards against executive overreach.
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Since the Lokpal operates under the executive, allowing it to probe judges without a defined process could open doors to potential misuse.
Legal Protection for Judges
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Under Section 77 of the IPC and its equivalent in the Bharatiya Nyaya Sanhita, 2023, judges cannot be charged for acts related to their official duties.
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The SC ruling in K Veeraswami v Union of India (1991) held that criminal cases against judges require the President’s sanction after consulting the Chief Justice of India (CJI), ensuring protection from frivolous allegations.
Complaint Before Lokpal
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The complaint alleged that an HC judge influenced other judges in cases linked to his past legal clients.
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The Lokpal’s order focused on whether it had jurisdiction over HC judges rather than the complaint’s merits.
Lokpal’s Interpretation of Jurisdiction
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While the Lokpal Act does not explicitly include judges under “public servants,” it interpreted High Court judges as falling under its ambit, citing pre-Constitution laws like the High Courts Act, 1861.
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However, respecting the K Veeraswami precedent, it decided to consult the CJI before proceeding further.
Conclusion
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The SC’s stay highlights ongoing tensions between judicial independence and anti-corruption frameworks.
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The final ruling could set a precedent for future oversight mechanisms involving judges.
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Practice Question: Discuss the jurisdiction of the Lokpal in investigating corruption allegations against High Court judges. How does the Supreme Court’s intervention in this matter reflect the balance between judicial accountability and judicial independence? (150 Words /10 marks) |
