The Supreme Court has stayed the Lokpal’s order which held it had the power to look into complaints against sitting judges of High Courts.
The Lokpal is headed by former Supreme Court judge Justice A M Khanwilkar.
The Lokpal concluded that High Court judges were ‘public servants’ and came within the ambit of the Lokpal and Lokayuktas Act of 2013.
The Lokpal had declared that it had no power over the Supreme Court judges, including the Chief Justice of India.
The Supreme Court was not a “body” established by an Act of the Parliament or financed or controlled by the Central government.
So, the Supreme Court judges, including the Chief Justice of India, even though ‘public servants’ in terms of the Prevention of Corruption Act of 1988, were not amenable to the jurisdiction of the Lokpal.
The 2013 Act does not provide for an explicit exception for the judges of the court established by an Act of the Parliament.