Judges’ dilemma: On the judiciary, its accountability
The Lokpal’s ruling that High Court judges are amenable to its jurisdiction and the Supreme Court order staying it on its own motion raise more than a mere question of law. The issue concerns both the independence of the judiciary and its accountability. That the Court, government law officers and senior advocates found the Lokpal’s decision disturbing is understandable, as many believe that judicial independence will be undermined if judges of constitutional courts are made answerable to the Lokpal, even though they fall under the definition of ‘public servant’ under the Prevention of Corruption Act. The Lokpal view appears to be prima facie incorrect. There is nothing to suggest that superior court judges were ever considered to be under its remit. Last month, the Lokpal, headed by forme...