LOKPAL & LOKAYUKTAS: POLITY
NEWS: SC
stays Lokpal order giving itself jurisdiction over HC judges
WHAT’S IN THE NEWS?
The Supreme Court
stayed a Lokpal order that sought to
bring High Court judges
under its jurisdiction, considering the interpretation “very disturbing” for
judicial independence.
Supreme Court’s Intervention
- Suo
Motu Cognisance: The Supreme Court’s Special Bench took suo
motu cognisance of the Lokpal’s order, emphasizing the potential impact on judicial independence.
- Lokpal’s
Interpretation:
- Declared High Court judges as ‘public servants’ under the Lokpal and Lokayuktas Act, 2013.
- The order meant Lokpal would have jurisdiction over High Court
judges, enabling it to probe them for corruption allegations.
- The Lokpal differentiated between High Courts and the
Supreme Court based on historical
legal origins.
- High Courts were established by pre-constitutional British Acts,
whereas the Supreme
Court was created by the Indian Constitution.
- Exclusion
of Supreme Court Judges:
- Earlier, on January 3, 2024, the Lokpal had ruled that it had no authority over
Supreme Court judges,
reinforcing the idea that judicial oversight falls under the purview of
constitutional provisions.
- The Supreme Court held that all judges are appointed under the
Constitution, emphasizing that judicial independence must
be maintained.
About Lokpal and Lokayuktas
Introduction
- Enacted:
The Lokpal and
Lokayuktas Act, 2013 came into effect in 2014.
- Purpose:
Establishes Lokpal
at the Centre
and Lokayuktas
in states
to investigate
corruption in public servants.
- Concept:
Inspired by the Scandinavian
Ombudsman System.
Historical Background
- The first
Lokayukta was constituted in Maharashtra in 1971,
setting a precedent for state-level anti-corruption bodies.
Structure and Appointment Process
Appointment of Lokpal and Lokayuktas
- Members of Lokpal (Centre) and Lokayuktas (States) are appointed by the President/Governor
based on recommendations from a Selection Committee.
- At
Centre: Includes Prime Minister (Chairperson), Speaker of Lok Sabha, Leader of
Opposition, Chief Justice of India (or a nominated judge), and an eminent
jurist nominated by the President.
- At
State Level: Includes Chief Minister, Speaker of Legislative Assembly, Leader of
Opposition, Chief Justice of the High Court, and a jurist.
Composition of Lokpal
- Must be a Chief Justice of India/former Supreme Court judge
or a qualified
non-judicial member.
- Up
to 8 members, with at least 50% being judicial members.
- Non-judicial
members must have 25 years of experience in related
fields like administration, law, or public service.
Removal of Lokpal Members
- Lokpal members can be removed by the President after an
inquiry by the Supreme
Court.
- Grounds for
removal include:
- Misconduct,
corruption, or incapacity.
- Removal
process can be initiated:
- By
the President’s reference.
- Through
a citizen’s petition.
- By
a petition signed by 100 Members of Parliament (MPs).
Jurisdiction and Powers of Lokpal
Scope of Inquiry
- Lokpal can investigate offenses under the Prevention of
Corruption Act, 1988, against:
- Prime
Minister (with safeguards).
- Union
Ministers and Members of Parliament (MPs).
- Government
officers (Group A-D).
- Certain
private entities linked to corruption cases.
Inquiry Against the Prime Minister
- In-camera
proceedings (confidential hearings).
- Approval
by a 2/3 majority of the Lokpal is required to initiate an
investigation.
- Exempted
Areas: No probe is allowed in cases related to:
- International
relations, external and internal security, public order, atomic energy,
and space.
Investigation Procedure
- Inquiry
Wing: Must complete preliminary inquiry within 60 days.
- Investigation
Timeframe: Full investigation must be completed within 6 months
(extendable by another 6 months).
Jurisdiction and Powers of Lokayuktas
- Covers Chief Ministers, Ministers, MLAs, state government employees,
and certain private entities, including religious institutions involved in corruption.
Penalties and Punishments
For False Complaints
- Filing false complaints can result in:
- Imprisonment
of up to 1 year.
- A
fine of up to ₹1 lakh.
For Public Servants Found Guilty of Corruption
- Increased
penalties under the Act:
- Corruption
offenses: Punishment increased from 5 to 7 years imprisonment.
- Criminal
misconduct: Punishment extended from 7 to 10 years imprisonment.
Challenges in the Implementation of Lokpal and Lokayuktas
1. Limited Jurisdiction
- Lokpal and Lokayuktas cannot investigate all categories of
public servants.
- Their jurisdiction is often limited to specific areas of
governance, restricting their ability to combat corruption
comprehensively.
2. Lack of Independence
- Lokpal and Lokayuktas often face political interference
and government pressure,
which hinders their autonomy and effectiveness.
3. Weak Whistleblower Protection
- Whistleblowers
and complainants reporting corruption face threats, harassment, or
retaliation.
- Lack
of strong protection laws discourages individuals from exposing
corruption.
4. Dependence on Political Will
- The effectiveness of Lokpal and Lokayuktas depends on the government’s
willingness to combat corruption and strengthen accountability mechanisms.
- Lack
of implementation of recommendations weakens their impact.
Way Forward: Strengthening Lokpal and Lokayuktas
- Expand
jurisdiction to cover more categories of public officials and institutions.
- Ensure
autonomy by shielding them from political influence.
- Enhance
whistleblower protection through strong legal safeguards.
- Increase
public awareness to encourage accountability and transparency.
- Implement
strict timelines for completing corruption inquiries and
ensure effective
enforcement of penalties.
By adopting these measures, India can
significantly strengthen the role of
Lokpal and Lokayuktas in combating corruption, ensuring
transparency, and promoting good
governance.
Source : https://www.thehindu.com/news/national/supreme-court-stays-lokpals-order-that-it-has-jurisdiction-over-high-court-judges/article69241461.ece