In a pivotal legal move, the Supreme Court has taken up a suo motu case to determine whether the Lokpal has the authority to entertain complaints against High Court judges. This development follows a January 27 ruling by the Lokpal, which held that such judges fall under the purview of the Lokpal and Lokayuktas Act, 2013.
The ruling arose from two complaints alleging that a High Court judge attempted to influence an Additional District Judge and another High Court judge in a legal matter. While the Lokpal forwarded these complaints to the Chief Justice of India (CJI), further action has been temporarily deferred.
In its order, the Lokpal stated unequivocally that it had ruled solely on whether High Court judges qualify as public servants under Section 14 of the Act—without delving into the allegations themselves.
Now, the Supreme Court will examine this issue, with a bench comprising Justices BR Gavai, Surya Kant, and Abhay S Oka set to hear the matter. The case, titled “IN RE: ORDER DATED 27/01/2025 PASSED BY LOKPAL OF INDIA AND ANCILLARY ISSUES,” could have far-reaching implications for judicial accountability.
The Lokpal’s decision rested on the argument that, unlike the Supreme Court, which is established by the Constitution, High Courts are created by parliamentary law—bringing them within Lokpal’s jurisdiction. While the Lokpal acknowledged that the CJI must be consulted before any criminal proceedings against a judge, it maintained that a complaint before Lokpal is distinct from a criminal case.
With the Supreme Court now stepping in, the boundaries of oversight on judicial conduct are set to face rigorous legal scrutiny.