SC observed that all judges (High Court and Supreme Court) are appointed under the Constitution, implying immunity from Lokpal jurisdiction.
Lokpal’s Observations
- Lokpal in a recent order had classified High Court judges as "public servants" under the Lokpal and Lokayuktas Act, 2013, subjecting them to its jurisdiction.
- However, previously, Lokpal had ruled that Chief Justice of India (CJI) and SC Judges do not come under Lokpal's jurisdiction as the SC was not established by an Act of the Parliament.
- Basis of reasoning: High Courts were established by British Acts (e.g., Indian High Courts Act, 1861) and pre-date the Indian Constitution, unlike the Supreme Court, which was created by Article 124 of the Constitution.
Jurisdiction of Lokpal (Under Section 14 of Lokpal Act, 2013)
- Former/ Present Prime Minister: Excludes matters of international relations, security, public order, atomic energy, and space.
- Initiation of Inquiry requires a full bench of Lokpal {(Chairperson + all Members) with at least 2/3rd of its members approval}
- 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 or wholly funded or controlled by the Central Government, or
- Received foreign donations greater than ₹10 lakh/year under the Foreign Contribution (Regulation) Act, 2010.
