On February 20, 2025, the Supreme Court of India stayed a Lokpal order that suggested the anti-corruption ombudsman could investigate complaints of corruption and misconduct against High Court judges.

The three-judge bench, comprising Justices B.R. Gavai, Surya Kant, and Abhay S. Oka, found the Lokpal's January 27 order "very, very disturbing" and expressed concerns over its implications for judicial independence.

The court issued notices to the Union government, the Lokpal registrar, and the complainant, seeking responses by March 18.

The Solicitor General argued that High Court judges do not fall under the Lokpal's jurisdiction, a view the bench seemed to support, noting that High Courts are constitutional bodies, not established by an Act of Parliament.

The Supreme Court also directed that the identity of the judge involved be protected and cautioned the Lokpal against proceeding further in this matter.

This development follows a recent decision by the Lokpal on January 3, 2025, where it dismissed a corruption complaint against former Chief Justice of India D.Y. Chandrachud, citing lack of jurisdiction.

The Lokpal concluded that sitting Supreme Court judges, including the Chief Justice, are not within its purview, as the Supreme Court is established by the Constitution, not by an Act of Parliament.

These cases highlight ongoing discussions about the scope of the Lokpal's authority, especially concerning the judiciary, and underscore the importance of maintaining judicial independence while addressing allegations of misconduct.

Lokpal is India's anti-corruption ombudsman, established to investigate complaints against public officials, including the Prime Minister, ministers, and government employees. It was created under the Lokpal and Lokayuktas Act, 2013, which came into effect on January 16, 2014.

1. Composition:
   • A chairperson (must be a former Chief Justice of India, a Supreme Court judge, or an eminent person).
   • A maximum of 8 members (half must be judicial members, and at least 50% should belong to SC/ST/OBC, minorities, or women).
2. Jurisdiction:
   • Covers Prime Minister (with some exceptions).
   • Ministers, MPs, Group A, B, C, and D government officials.
   • Officials of PSUs, NGOs receiving government funds.
   • Judiciary is excluded, as judges are covered under the Judges Inquiry Act.
3. Powers:
   • Can conduct preliminary inquiries and investigations.
   • Direct CBI to investigate
   • Recommend action against guilty officials.
   • Power to confiscate ill-gotten assets.
4. Recent Developments:
   • Justice A.M. Khanwilkar appointed as Lokpal Chairperson (November 2024).
   • January 2025: Lokpal dismissed a corruption complaint against former CJI D.Y. Chandrachud, citing lack of jurisdiction.
   • February 2025: Supreme Court stayed a Lokpal order asserting its power to investigate High Court judges, calling it "very disturbing."

Lokpal plays a crucial role in India's fight against corruption, ensuring accountability in governance. Here's why it is significant:

1. Strengthening Anti-Corruption Efforts

• Lokpal acts as an independent authority to investigate and prosecute corruption cases at the highest levels of government.
• It ensures that public officials, including ministers and bureaucrats, are held accountable for corruption.

2. Independent & Impartial Investigations

• Unlike government agencies, Lokpal functions autonomously, reducing political influence in corruption investigations.
• It has the power to direct CBI to investigate cases, ensuring unbiased probes.

3. Covers High-Ranking Officials

• Lokpal can investigate Prime Ministers (with exceptions), Union Ministers, MPs, and senior bureaucrats.
• This helps curb corruption at the top levels of governance.

4. Protection for Whistleblowers

• Lokpal works alongside the Whistleblower Protection Act, encouraging people to report corruption without fear of retaliation.

5. Public Trust in Governance

• By ensuring action against corrupt officials, Lokpal boosts transparency and strengthens public confidence in the system.
• It aligns with India's commitment to good governance and ethical administration.

6. Legal & Institutional Strength

• Lokpal provides an institutional mechanism to address corruption cases faster than traditional legal proceedings.
• It reduces delays in corruption cases, ensuring timely justice.

• Lack of Jurisdiction Over Judiciary: Lokpal cannot investigate judges, as seen in recent Supreme Court rulings.
• Limited Enforcement Powers: Lokpal can recommend action but relies on other agencies like CBI for enforcement.
• Delayed Appointments: The Lokpal remained inactive for several years due to delays in appointing members.

Despite challenges, Lokpal remains a key institution in India's anti-corruption framework, promoting accountability and transparency in governance. Strengthening its enforcement powers and ensuring swift action can enhance its effectiveness further.