Context: The Supreme Court has stayed a Lokpal order bringing High Court judges under its jurisdiction, terming that the Lokpal order impacted the independence of the judiciary.
Relevance of the Topic: Prelims: Key facts about Lokpal & Lokayukt.
Reasoning given by the Lokpal to bring High Court Judges under its purview
- The Lokpal (in its now-suspended order) ruled that High Court judges fall within the definition of “public servant” under the 2013 Lokpal Act, asserting its jurisdiction over them.
- Unlike the Supreme Court, the High Courts in India were constituted by British Parliamentary Acts — Indian High Courts Act, 1861 and Government of India Act 1935 — and thus the High Courts pre-date the Constitution.
- Article 214 of the Constitution, which said “there shall be a High Court for each State”, had only “intrinsically recognised” the existence of the High Courts. The Constitution did not establish the High Courts.

Reasoning given by Supreme Court to stay the Lokpal order
- The special bench of SC stated that high court judges would not come under the purview of the Lokpal and Lokayuktas Act, 2013, since their appointment is governed by the Constitution and that they are not like any other “public servant” functioning in an organisation established by a parliamentary law.
- After the commencement of the Constitution, High Court judges are constitutional authorities and not mere statutory functionaries.
About the office of Lokpal
- The Lokpal is an independent statutory body established under Section 3 of the Lokpal and Lokayuktas Act, 2013.
- Aim: To inquire and investigate allegations of corruption against public functionaries who fall within the scope and ambit of the Act.
- Since India is a signatory to the United Nations Convention against Corruption, it mandates the Government to provide clean and responsive governance which is reflected in passing of the legislation and creation of the body of Lokpal to contain and punish acts of corruption.
Objective behind establishing the office of Lokpal
- To address concerns and aspirations of the citizens of India for clean governance.
- To serve the public interest and use the powers vested in it to eradicate corruption in public life.
Features of Lokpal and Lokayukta Act (2013)
- Uniform anti-corruption roadmap: It seeks to establish the institution of the Lokpal at the Centre and the Lokayukta at the level of the State and thus seeks to provide a uniform vigilance and anti-corruption road map for the nation both at the Centre and at the States.
- Jurisdiction of Lokpal includes the Prime Minister, Ministers, Members of Parliament and Groups A, B, C and D officers and officials of the Central Government.
- Composition: Lokpal consists of a Chairperson with a maximum of 8 members of which 50% shall be judicial members.
- 50% of the members of the Lokpal shall come from amongst the SCs, the STs, the OBCs, minorities and women.
- The selection of the Chairperson and the members of Lokpal shall be through a Selection Committee, consisting of:
- Prime Minister
- Speaker of Lok Sabha
- Leader of the Opposition in Lok Sabha
- Chief Justice of India or a sitting Supreme Court Judge nominated by the Chief Justice of India
- Eminent Jurist to be nominated by the President of India on the basis of recommendations of the first four members of the selection committee.
| Search Committee: -A Search Committee will assist the Selection Committee in the process of selection. - 50% of the members of the Search Committee shall also be from amongst the SCs, the STs, the OBCs, minorities and women. |
Jurisdictional Aspect
- Office of Prime Minister: The Prime Minister has been brought under the purview of the Lokpal with subject matter exclusions and specific process for handling complaints against the Prime Minister.
- Lokpal’s jurisdiction will cover all categories of public servants, including Group A, Group B, Group C, and Group D officers and employees of Government.
- On complaints referred to the Central Vigilance Commission (CVC) by the Lokpal, the CVC will send its report of preliminary enquiry in respect of Group A and Group B Officers back to the Lokpal for further decision.
- With respect to categories of employees from Group C and Group D, the CVC will proceed further in exercise of its own powers under the CVC Act subject to reporting and review by the Lokpal.
- Lokpal will have the power of superintendence and direction over any investigating agency, including the CBI, for cases referred to them by the Lokpal.
Changes made by the Lokpal Act
- Appointment of CBI Director: A High-Powered Committee chaired by the Prime Minister will recommend the selection of the Director of CBI.
- Attachment of property: It incorporates provisions for attachment and confiscation of property of public servants acquired by corrupt means, even while the prosecution is pending.
- Provides timeline: It lays down clear timelines.
- For preliminary enquiry, it is three months extendable by three months.
- For investigation, it is six months which may be extended by six months at a time.
- For trial, it is one year extendable by one year and to achieve this, special courts to be set up.
- Maximum punishment under Prevention of Corruption Act enhanced:
- It enhances maximum punishment under the Prevention of Corruption Act from seven years to ten years.
- The minimum punishment under sections 7, 8, 9 and 12 of the Prevention of Corruption Act will now be three years, and the minimum punishment under section 15 (punishment for attempt) will now be two years.
- Enhanced ambit: Institutions which are financed fully or partly by Government are under the jurisdiction of Lokpal, but institutions aided by Government are excluded.
- Power to grant sanction: Lokpal is conferred with power to grant sanction for prosecution of public servants in place of the Government or competent authority.
- Provisions to strengthen CBI: It contains a number of provisions aimed at strengthening the CBI such as:
- setting up of a Directorate of Prosecution headed by a Director Prosecution under the overall control of the Director of CBI.
- appointment of the Director of Prosecution on recommendation of the CVC.
- maintenance of a panel of advocates by CBI other than Government advocates with the consent of the Lokpal handling Lokpal-referred cases.
- transfer of officers of CBI investigating cases referred by Lokpal with the approval of Lokpal.
- provision of adequate funds to CBI for investigating ca referred by Lokpal.
- FCRA: All entities receiving donations from foreign sources in the context of the Foreign Contribution Regulation Act (FCRA) in excess of ₹10 lakhs per year are brought under the jurisdiction of Lokpal.
- Institution of Lokayukta for States:
- It contains a mandate for setting up of the institution of Lokayukta through enactment of a law by the State Legislature within a period of 365 days from the date of commencement of this Act.
- Thus, the Act provides freedom to the states to decide upon the contours of the Lokayukta mechanism in their respective states.
- Protection to the honest and upright: It provides adequate protection for honest and upright public servants.













