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Supreme Court on Lokpal’s Jurisprudence

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Context:

A Bench led by Justice B.R. Gavai decided to examine whether constitutional court judges (including High Court and Supreme Court judges) come under the jurisdiction of the Lokpal.

Key Highlights:

  • The case arises from a suo motu proceeding.
  • Triggered by a January 27 order from the Lokpal, which claimed authority to investigate complaints against serving High Court judges.

Lokpal’s Stand

  • The Lokpal classified High Court judges as public servants, similar to
    • The Prime Minister
    • Union Ministers
    • Members of Parliament
    • Central government officials
    • Hence, asserting that judges fall under the Lokpal and Lokayuktas Act, 2013.

Supreme Court’s Observation

  • Justice Gavai remarked
    • “We will consider the issue of the jurisdiction of the Lokpal.”
    • The court therefore will examine the legal validity of the Lokpal’s claims.

Significance

The ruling could provide clarity as to whether serving High Court and Supreme Court judges are answerable to the Lokpal. It has serious ramifications for judicial independence and accountability in India.

Lokpal and Lokayukta

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