Accountability and independence should be equally vital to judges.
• Lokpal’s ruling that High Court judges can be subject to its jurisdiction raises questions about the independence of the judiciary and its accountability.
• The Lokpal’s decision is viewed as disturbing by government law officers and senior advocates, who fear judicial independence will be undermined if judges of constitutional courts are made answerable to the Lokpal.
• The Lokpal’s view is prima facie incorrect, as it does not consider superior court judges under its remit.
• The Lokpal rejected a corruption complaint against a former Chief Justice of India (CJI) on the grounds that the Lokpal Act, 2013, does not concern apex court judges.
• The Lokpal has referred the complaint to the CJI, based on the principle that judges are public servants under the Prevention of Corruption Act.
• The Lokpal ruling is set to be reviewed, but the issue of accountability in the rare event of a credible corruption charge against a judge is being addressed.
• The Court should consider whether the current mechanism is sufficient or if it needs to include credible follow-up action such as an independent prosecution under its supervision.