Jurisdiction of Lokpal | 26 Feb 2025

Source: TH 

The Supreme Court (SC) has stayed a Lokpal order that classified High Court (HC) judges as "public servants" under the Lokpal and Lokayuktas Act, 2013, thereby bringing them under its jurisdiction.  

• Case Background: Lokpal claimed that High Courts were created under British-era laws like the Indian High Courts Act 1861, and Article 214 merely recognizes them rather than establishing them, making their judges subject to its jurisdiction. 
  • However, it excluded SC judges, as the SC was established by the Constitution (Article 124), not an Act of Parliament. 
• SC Ruling: The SC ruled that all judges, whether in HCs or the SCs, are appointed under the Constitution, making them immune from Lokpal oversight. 
  • SC judges are appointed under Article 124, and HC judges under Article 217. 
• Jurisdiction of Lokpal: Lokpal has jurisdiction over the Prime Minister ((with exceptions for matters of national security, international relations, etc.), Union Ministers, MPs, and Government Officials (Group A-D).  
  • It also covers chairpersons, members, officers, or employees of entities established by an Act of Parliament, those partially/wholly funded or controlled by the Central Government, or organizations receiving foreign donations over Rs 10 lakh/year under the Foreign Contribution (Regulation) Act, 2010, 2010.