CJI & Supreme Court Judges Not Amenable To Lokpal's Jurisdiction: Lokpal

A Chief Justice of India or a Judge of the Supreme Court is not amenable to the jurisdiction of the Lokpal, held the Lokpal while refusing to entertain a complaint.The Lokpal held that a Judge of the Supreme Court does not come within the ambit of its jurisdiction in terms of Section 14 of the Lokpal and Lokayuktas Act, 2013.As per Section 14, Lokpal has jurisdiction over a person who is or has been the Prime Minister, Union Minister, Member of Parliament, Group 'A', 'B', 'C' or 'D' officials serving the Union etc.The complainant raised an argument that a CJI would come within clause (f) of Section 14 which reads as "any person who is or has been a chairperson or member or officer or employee in any body or Board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an Act of Parliament or wholly or partly financed by the Central Government or controlled by it".The Lokpal rejected this argument by stating that the Supreme Court is not a "body" established by an Act of Parliament or financed or controlled by the Central Government. "Suffice it to observe that the Supreme Court of India even though, a body of Judges, does not come within the ambit of expression "body" employed in Section 14(1)(f) of the Act of 2013, as it is not established by an "Act of Parliament" as such. Further, the Supreme Court of India is neither wholly or partly financed by the Central Government or controlled by it as such. In as much as, the expenditure of the Supreme Court of India has a charge on the Consolidated Fund of India and is not dependent on being financed by the Central Government nor Controlled by it in any manner, including in respect of its administrative functions. The same logic must apply to the Judges of the Supreme Court or Chief Justice of India, namely, as not being wholly or partly financed by the Central Government or controlled by it as such," the Lokpal observed."As a concomitant to this view, it must follow that the sitting Judge of the Supreme Court of India or the Chief Justice of the Supreme Court will not be amenable to the constricted jurisdiction of the Lokpal of India," the anti-corruption body said while disposing of the complaint.The Lokpal, headed by former Supreme Court judge Justice AM Khanwilkar, however clarified that its view was relating to the judges of the Supreme Court only. It also acknowledged that the judges are 'public servants' within the meaning of the Prevention of Corruption Act, 1988, as held by the Supreme Court in K. Veeraswami vs. Union of India & Ors. as reported in (1991) 3 SCC 655. However, all 'public servants' under the Prevention of Corruption Act are not amenable to the jurisdiction of the Lokpal.Accordingly, the complaint was dismissed without expressing any views on the merits.Click here to read the order

CJI & Supreme Court Judges Not Amenable To Lokpal's Jurisdiction: Lokpal

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