Question

The Supreme Court on Thursday (February 20, 2025) stayed a Lokpal order bringing High Court judges under its jurisdiction while terming the top anti-corruption ombudsman’s interpretation “very disturbing”.

Name the jurisdiction under which the court stayed the order. Why was the order ‘very disturbing’?

Answer 1

The Supreme Court stayed the order under its Original Jurisdiction (specifically exercising its Suo Motu powers of judicial review).

Constitutional Concerns of the Order:

• Threat to Judicial Independence: Bringing sitting High Court judges under the investigative control of an external anti-corruption ombudsman severely undermines the Independence of the Judiciary, which is a vital part of the Basic Structure of the Indian Constitution.
• Bypassing Constitutional Procedures: The Constitution already mandates that any allegations of misconduct or corruption against High Court judges must be handled strictly through internal judicial mechanisms or the formal parliamentary impeachment process, rendering the Lokpal’s external intervention unconstitutional.