Supreme Court reviews Lokpal's power over judges
The Supreme Court of India is set to review whether the Lokpal, the country's top ombudsman, has the authority to investigate judges of constitutional courts. This inquiry started after the Lokpal stated, in a January 27 order, that it could look into complaints against High Court judges, categorizing them as public servants like government officials. Justice B.R. Gavai, leading the Supreme Court's senior judges, indicated that the court will discuss the jurisdiction of the Lokpal. This comes after a previous order on February 20, which paused the Lokpal’s ability to handle such cases, citing concerns about judicial independence. During the hearing, Solicitor General Tushar Mehta argued that the court should limit its focus to whether judges are categorized as public servants under the Lokpal Act. Senior advocate Kapil Sibal raised a more complex question, asking if criminal complaints against judges could be filed at police stations. Historically, a 1991 Supreme Court ruling settled that police could not arrest judges of constitutional courts without consulting the Chief Justice of India (CJI) first. This measure was designed to protect the judiciary's independence. The Lokpal's recent actions have been criticized for bypassing established protocols concerning the investigation of judges. The forum argued that High Court judges fall within its jurisdiction as per the 2013 Lokpal Act. Overall, this Supreme Court inquiry will determine the balance between judicial independence and accountability within the judiciary.