The Lokpal of India has ruled that neither the Chief Justice of India nor Supreme Court judges fall under its jurisdiction as per the Lokpal and Lokayuktas Act, 2013. This decision clarifies that judges are not included in the list of individuals the Lokpal can investigate, as they are financially and administratively independent from the Central Government.
New Delhi: The Lokpal of India has held that a Chief Justice of India (CJI) or a Judge of the Supreme Court does not fall under its jurisdiction. The decision was made while dismissing a complaint against a sitting Supreme Court judge, clarifying the limits of the Lokpal’s authority under the Lokpal and Lokayuktas Act, 2013.
The anti-corruption watchdog emphasized that Section 14 of the Lokpal and Lokayuktas Act outlines its jurisdiction, which extends to individuals such as the Prime Minister, Union Ministers, Members of Parliament, and officials in Group ‘A’, ‘B’, ‘C’, or ‘D’ posts. However, judges of the Supreme Court are not explicitly included in this list.
The complainant argued that the CJI could fall under Section 14(1)(f), which applies to individuals serving as chairpersons, members, or employees of bodies established by an Act of Parliament or financed and controlled by the Central Government. Rejecting this argument, the Lokpal clarified:
“The Supreme Court of India, even though a body of Judges, does not come within the ambit of the expression ‘body’ employed in Section 14(1)(f) of the Act of 2013, as it is not established by an ‘Act of Parliament’ as such. Further, the Supreme Court is neither wholly or partly financed by the Central Government nor controlled by it.”
The Lokpal further explained that the Supreme Court’s expenditure is charged to the Consolidated Fund of India, making it financially independent of the Central Government. Similarly, administrative functions of the Supreme Court are not subject to government control.
“As a concomitant to this view, it must follow that the sitting Judge of the Supreme Court of India or the Chief Justice of the Supreme Court will not be amenable to the constricted jurisdiction of the Lokpal of India,”
the Lokpal stated in its decision.
The Lokpal, led by Justice A.M. Khanwilkar, a former Supreme Court judge, clarified that its observations were limited to judges of the Supreme Court. It also acknowledged that judges are considered “public servants” under the Prevention of Corruption Act, 1988, as previously established in the landmark K. Veeraswami vs. Union of India & Ors. case. However, being a public servant under the Prevention of Corruption Act does not automatically place one under the Lokpal’s jurisdiction.
Read the Order here:
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