In a case of great importance concerning the independence of the judiciary, the Supreme Court issued a notice to the Centre on Thursday regarding a Lokpal order asserting jurisdiction to probe High Court judges. The notice comes as the top court stays the Lokpal order which received sharp criticism. Justices BR Gavai, Surya Kant, and Abhay S Oka expressed their concerns over the matter, while the Centre and the Registrar of Lokpal were issued the notice. Senior advocates argued against the Lokpal order, calling it "disturbing" and "fraught with danger".
Understanding the Lokpal and its Recent Conflict with the Judiciary
The Lokpal and Lokayuktas Act, 2013, established the Lokpal, an anti-corruption ombudsman body, to investigate allegations of corruption against public officials. However, a recent order by the Lokpal has sparked a controversy, triggering a notice from the Supreme Court.
The Lokpal Order and Judicial Independence
The Lokpal order in question asserted its jurisdiction to probe High Court judges for corruption. This has raised concerns over the potential threat to the independence of the judiciary. The Supreme Court, the apex court of India, stayed the Lokpal order, expressing concerns over the issue.
Legal Arguments and Criticisms
Legal experts have criticized the Lokpal order, arguing that it violates the constitutional principles of judicial independence. The Constitution of India guarantees the separation of powers, which includes the independence of the judiciary from the executive and legislative branches. Proponents of judicial independence argue that allowing the Lokpal to investigate judges could undermine the courts' impartiality and autonomy.
Supreme Court Notice
In response to the Lokpal order, the Supreme Court issued a notice to the Centre and the Registrar of Lokpal. The court expressed concern over the matter and directed the parties involved to respond. Senior advocates have argued against the Lokpal order, emphasizing the potential damage to judicial independence.
FAQs
1. What is the Lokpal? Answer: The Lokpal is an anti-corruption ombudsman body established under the Lokpal and Lokayuktas Act, 2013.
2. Why is the Lokpal order controversial? Answer: The Lokpal order asserts its jurisdiction to investigate High Court judges, raising concerns over judicial independence.
3. What is the Supreme Court's response to the Lokpal order? Answer: The Supreme Court has stayed the Lokpal order and issued a notice to the Centre and the Registrar of Lokpal, expressing concerns over the potential threat to judicial independence.
4. What are the arguments against the Lokpal order? Answer: Critics argue that the order violates the principle of judicial independence and could undermine the impartiality and autonomy of the courts.
5. What is the future of the Lokpal investigation? Answer: The Supreme Court is expected to hear the matter regarding the Lokpal order and determine its validity. The outcome will likely shape the future of Lokpal's jurisdiction to investigate judges.
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