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Who will judge the judges? Debate over Lokpal’s ambit opens up many questions
The question of judicial accountability has gained prominence following the Lokpal’s decision to consider a high court (HC) judge as a public servant under the Lokpal and Lokayuktas Act, 2013. This move has sparked a larger debate about whether the judiciary should fall under the Lokpal’s jurisdiction, especially in light of increasing concerns about corruption in the higher judiciary.
Historical Background: The Lokpal’s Journey
A. Genesis of the Ombudsman System:
(i) The Justice Committee Report (1961) in England recommended the ombudsman system, influencing discussions in India.
(ii) The system gained traction in India due to rising corruption allegations against politicians, leading to demands for a Lokpal.
(iii) Despite civil society activism, it took over 50 years for the Lokpal to become a reality in 2013.
(iii) India got its first Lokpal in 2019, following repeated Supreme Court (SC) interventions.
B. Exclusion of Judiciary from Lokpal’s Ambit:
(i) Traditionally, the judiciary has been kept out of Lokpal’s jurisdiction.
(ii) Earlier Lokpal Bill drafts (1968–2001) also did not include the higher judiciary.
(iii) Globally, most ombudsman systems exclude the judiciary, except Sweden (1809) and Finland (1919).
The January 27 Lokpal Case and Its Implications
A. Serious Allegations Against an HC Judge:
(i) A complaint was filed before the Lokpal against an HC additional judge for allegedly:
(a) Influencing an additional district judge and an HC judge to favor a private company.
(b) The private company was previously the client of the HC judge when he was an advocate.
(ii) The Lokpal considered the judge a public servant under Section 14(1)(f) of the Lokpal Act.
B. Legal Precedent: The Veeraswami Case (1991)
(i) The Supreme Court (SC) in K Veeraswami vs Union of India (1991) ruled that:
(a) Judges of superior courts fall under the Prevention of Corruption Act, 1947 (analogous to the 1988 Act).
(b) However, protection was provided: Before filing an FIR against a judge, the President of India must consult the Chief Justice of India (CJI).
(ii) The Lokpal relied on this judgment and referred the case to the CJI for consultation.
Supreme Court’s Intervention
A. Taking suo motu cognisance, a special SC bench (Justices Bhushan R Gavai, Surya Kant, and Abhay S Oka) suspended the Lokpal’s order.
B. The SC termed the Lokpal’s jurisdictional interpretation as “very disturbing”.
C. The case is scheduled for the next hearing on March 18, 2025.
The Rising Concern Over Judicial Corruption
A. Growing Allegations Against the Higher Judiciary:
(i) Judiciary has long been considered sacrosanct, but concerns over corruption in high courts have surfaced.
(ii) In March 2022, then Law Minister Kiren Rijiju informed the Lok Sabha that:
(a) 1,631 complaints regarding judicial corruption and functioning were received in the Centralised Public Grievance Redress and Monitoring System (2017–2021).
(b) These were forwarded to the CJI and HC chief justices.
B. Lack of Oversight Mechanisms:
(i) No clear mechanism exists for citizens to address judicial corruption.
(ii) This raises the question: Should the judiciary be subjected to an anti-corruption oversight body?
Conclusion: A Need for Judicial Accountability?
(i) The Lokpal’s move to bring judges under scrutiny has reopened the debate on judicial accountability.
(ii) While the Supreme Court has suspended the Lokpal’s decision, the case highlights a larger issue—the rising perception of judicial corruption.
(iii) Who will judge the judges? If the judiciary is to maintain its credibility and reverence, a transparent oversight mechanism may be necessary.
Disclaimer:
This analysis is based on the editorial content published in Indian Express and is intended solely for informational and educational purposes. The views, opinions, and interpretations expressed herein are those of the author of original article. Readers are encouraged to refer to the original article for complete context and to exercise their own judgment while interpreting the analysis. The analysis does not constitute professional advice or endorsement of any political, economic, or social perspective.
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