SC’s Intervention in Lokpal’s Jurisdiction Over HC Judges

Fact Box:

High Court and Judges in India

• The High Court is the highest judicial authority in a state or union territory in India.
• There are currently 25 High Courts in India, some of which serve multiple states or union territories.
  • For example, Haryana, Punjab, and Chandigarh share a High Court, and the north-eastern states also share a single High Court. Tamil Nadu and Puducherry have a common High Court as well.
• High Court Judges
  • Appointment: Judges of High Courts are appointed by the President of India in consultation with the Chief Justice of India and the Governor of the concerned state. The judiciary controls the process, meaning that the legislature or executive does not directly influence appointments.
  • Tenure: High Court judges have security of tenure until they reach the age of 62 years. They cannot be removed except by a Presidential address after an impeachment process.
  • Salaries and Allowances: High Court judges receive a salary, perks, and allowances, which cannot be reduced to their disadvantage except during a financial emergency. The expenses of the High Court are charged on the Consolidated Fund of the State.
  • Powers: The powers and jurisdiction of High Courts are protected by the Constitution and cannot be altered by either the Parliament or the State Legislature.
  • Conduct of Judges: The conduct of High Court judges cannot be discussed in Parliament unless an impeachment motion is introduced.
  • Retirement: After retirement, High Court judges cannot hold any paid government office unless authorized by the Chief Justice of India.
  • Current Mechanism for Complaints Against Judges: Presently, complaints against sitting high court judges are handled by an in-house mechanism. The CJI examines such complaints in consultation with the Chief Justice of the relevant high court. If the complaint is found to have merit, a committee of senior judges examines it further. Based on the findings, actions like advising the judge to resign or withdrawing judicial duties can be taken.

About Lokpal

• The Lokpal is a statutory body established under the Lokpal and Lokayuktas Act, 2013, with the aim of inquiring into allegations of corruption against certain public functionaries and for related matters.
• Mandate: The primary mandate of the Lokpal is to:
  • Investigate allegations of corruption against certain public functionaries, including the Prime Minister, Ministers, Members of Parliament, and government officials.
  • Address matters related to corruption as outlined in the Prevention of Corruption Act, 1988.
• Organisational Structure: The Lokpal consists of: 1 Chairperson and 8 Members, out of which 4 are Judicial Members.
• Eligibility Criteria: The Chairperson can either be:
  • A former Chief Justice of India (CJI),
  • A former Judge of the Supreme Court, or
  • An eminent person fulfilling the criteria laid out by the Act.
• Judicial Members should be either: A former Judge of the Supreme Court or a former Chief Justice of a High Court.
• Representation: At least 50% of the Members should belong to SC/ST/OBC/Minorities and women.
• Appointment of Members: The President of India appoints the Chairperson and Members of the Lokpal based on the recommendation of a Selection Committee. The Selection Committee includes:
  • Prime Minister (Chairperson)
  • Speaker of the Lok Sabha
  • Leader of Opposition in the Lok Sabha
  • Chief Justice of India (or a nominated Judge)
  • One eminent jurist
• Term of Office: The Chairperson and Members hold office for 5 years or until they turn 70 years old, whichever is earlier.
• Salaries & Allowances: The Chairperson receives the same salary, allowances, and conditions as the Chief Justice of India.
• The Members are entitled to the same salary and conditions as Judges of the Supreme Court.
• Jurisdiction of the Lokpal: The Lokpal has jurisdiction to inquire into allegations of corruption against:
  • Prime Minister (subject to certain exceptions)
  • Ministers in the Union government
  • Members of Parliament (MPs)
  • Officials in the Union Government (Groups A, B, C, and D)
  • Chairpersons, members, officers, and directors of any board, corporation, society, trust, or autonomous body funded by the government.
• Coverage: It also includes societies, trusts, or bodies receiving a foreign contribution over Rs 10 lakh.
• Filing Complaints: Complaints must be filed in the prescribed form and should pertain to corruption offenses under the Prevention of Corruption Act, 1988.
• There are no restrictions on who can file a complaint.
• Process of Inquiry: Upon receiving a complaint, the Lokpal may:
  • Order a preliminary inquiry by its Inquiry Wing or any other agency.
  • Refer the complaint for investigation by any agency, including the Central Bureau of Investigation (CBI), if there is a prima facie case.
  • In cases involving Central government servants, complaints are referred to the Central Vigilance Commission (CVC).
• Exceptions for the Prime Minister: The Lokpal cannot inquire into allegations against the Prime Minister concerning:
  • International relations
  • External and internal security
  • Public order
  • Atomic energy
  • Space
• Complaint Procedure: Complaints against the PM can only be investigated if:
  • A full Lokpal bench considers the case.
  • At least 2/3rd of the members approve the initiation of the inquiry.
• Powers of the Lokpal: The Lokpal holds significant powers, including:
  • Superintendence over the CBI: It can direct the CBI to investigate cases. No transfer of the investigating officer can take place without the Lokpal’s approval.
  • Authorization of Search and Seizure: It can authorize search and seizure operations related to corruption cases.
  • Powers of a Civil Court: The Inquiry Wing of the Lokpal has the powers of a civil court.
  • Confiscation of Assets: The Lokpal has the power to confiscate assets, proceeds, or benefits obtained through corruption.
  • Transfer or Suspension of Public Servants: The Lokpal can recommend the transfer or suspension of public servants involved in corruption.
  • Prevention of Destruction of Records: The Lokpal can issue directions to prevent the destruction of records during a preliminary inquiry.
• Annual Report: Under Section 48 of the Lokpal and Lokayuktas Act, the Lokpal is required to submit an annual report to the President of India.
  • This report is laid before both Houses of Parliament.