Lokpal

Recently, the Supreme Court stayed a Lokpal order that took cognizance of a corruption complaint against a High Court judge under the Lokpal and Lokayuktas Act, 2013.

• About: Lokpal is an independent statutory body under the executive to investigate corruption allegations against public officials.

o The Lokpal Act applies to public servants in and outside India.

o Section 14 of the Act defines public servants, but does not explicitly include judges.

o Section 14(f) states that it includes “any person who is or has been a chairperson or member or officer or employee in any autonomous body established by an Act of Parliament or controlled by the Central Government.”

• SC’s Rationale for Staying Lokpal’s Order: Section 77 of IPC, 1860 (now Section 15 of Bharatiya Nyaya Sanhita, 2023) states that a judge cannot be charged for acts done in her official capacity.
• K Veeraswami v. Union of India (1991): SC ruled that judges are public servants and can be investigated under the Prevention of Corruption Act, 1947 (now PCA, 1988), but only with the President’s sanction after consulting the Chief Justice of India (CJI).