Context:
Supreme Court (SC) stays Lokpal order giving itself jurisdiction over High Court.
Lokpal’s Observations:
- Lokpal classified High Court judges as “public servants” under the Lokpal and Lokayuktas Act, 2013, subjecting them to its jurisdiction.
- Previously, Lokpal ruled that Chief Justice of India (CJI) and SC Judges do not fall under Lokpal’s jurisdiction since the SC was not established by an Act of Parliament.
- However, it ruled that High Courts were established by British Acts (e.g., Indian High Courts Act, 1861) and predate the Indian Constitution, unlike the Supreme Court, created by Article 124 of the Constitution.
- SC, however, observed that all judges (High Court and Supreme Court) are appointed under the Constitution, implying immunity from Lokpal jurisdiction.
Jurisdiction of Lokpal:
- Former/Present Prime Minister:
- Excludes matters of international relations, security, public order, atomic energy, and space.
- Former/Present Minister of Union or Member of either House of Parliament.
- Government Officials: Group ‘A’, ‘B’, ‘C’, or ‘D’ serving in connection with the affairs of the Government of India.
- Chairpersons/Member/Officer/Employee of any body, authority, company, trust, etc.:
- Established by an Act of Parliament or partially/wholly funded or controlled by the Central Government, or
- Received foreign donations greater than ₹10 lakh/year under the Foreign Contribution (Regulation) Act, 2010
Read about Lokayukta
Source: TH
Previous Year Question
With reference to the Finance Commission of India, which of the following statements is correct?
[UPSC Civil Service Exam – 2011 Prelims]
(a) It encourages the inflow of foreign capital for infrastructure development
(b) It facilitates the proper distribution of finances among the Public Sector Undertakings
(c) It ensures transparency in financial administration
(d) None of the statements (a), (b) and (c) given above is correct in this context
Answer: (d)