Question 1

The Lokpal Act 2013 explicitly covers all constitutional functionaries, including Supreme Court and High Court judges.

Accepted Answer

Section 14 of the Lokpal Act explicitly covers the PM, Ministers, MPs, and Groups A, B, C, D officers, but deliberately omits explicitly mentioning constitutional court judges.

Question 2

High Courts have a lower constitutional status than the Supreme Court, making them subject to statutory laws like the Lokpal Act.

Accepted Answer

High Courts are constitutional bodies under Article 214, and their judges are appointed by the President under Article 217. The Supreme Court emphasized that all higher judiciary judges are constitutional appointees, granting them equal immunity from the Lokpal.

Question 3

The Lokpal ordered a direct police investigation into the High Court judge.

Accepted Answer

The Lokpal only asserted its jurisdiction but adhered to the Veeraswami precedent by forwarding the complaint to the CJI for consultation before actually launching an inquiry.

Question 4

Consider the following statements regarding the jurisdiction and accountability of the higher judiciary in India:
1. The Lokpal and Lokayuktas Act, 2013 explicitly mentions High Court judges within the definition of 'public servants' liable for investigation.
2. According to the Supreme Court's judgment in the K. Veeraswami case, no criminal case can be registered against a sitting Supreme Court or High Court judge without the prior sanction of the President of India.
3. A judge of a Constitutional Court in India enjoys immunity from criminal prosecution for acts done in the discharge of their official judicial duties.
How many of the above statements are correct?

Accepted Answer

(a) Only one — Statement 1 is incorrect: The Lokpal Act 2013 does NOT explicitly include HC judges; the recent Lokpal order merely interpreted Section 14(1)(f) to imply it, an interpretation stayed by the SC. Statement 2 is incorrect: The Veeraswami case (1991) requires prior consultation/sanction from the Chief Justice of India (CJI), not the President, before registering a criminal case. Statement 3 is correct: Section 15 of the BNS, 2023 (formerly Sec 77 IPC) protects judges for official judicial acts. Hence, only one statement is correct.

Question 5

Match the following legal mechanisms/provisions with their core subject matter regarding the judiciary:
List I (Provision/Mechanism)
A. Article 217 of the Constitution
B. Section 15 of BNS, 2023
C. Judges (Inquiry) Act, 1968
D. In-House Mechanism (1999)

List II (Subject Matter)
1. Regulates the procedure for the investigation and proof of misbehavior or incapacity of a judge.
2. Grants immunity from criminal prosecution for acts done when acting judicially.
3. Internal peer-review system for assessing complaints of misconduct against judges.
4. Provides for the appointment and conditions of the office of a Judge of a High Court.

Accepted Answer

(a) A-4, B-2, C-1, D-3 — Article 217 deals with the appointment and conditions of the office of a High Court Judge. Section 15 of BNS (Sec 77 IPC) grants immunity to judges for acts done judicially. The Judges (Inquiry) Act, 1968 regulates the statutory procedure for Parliament to impeach a judge. The In-House Mechanism adopted in 1999 is the judiciary's internal method to review complaints against its own members.

Question 6

Assertion (A): The Lokpal recently held that it lacks jurisdiction over Supreme Court judges but asserted jurisdiction over High Court judges under the Lokpal and Lokayuktas Act, 2013.
Reason (R): Supreme Court judges are appointed by the President under Article 124, whereas High Court judges are appointed by the State Governors under laws enacted by the Parliament.
Select the correct answer:

Accepted Answer

(c) A is correct but R is incorrect. — Assertion (A) is correct as the Lokpal explicitly created this distinction in January 2025, claiming HC judges fall under bodies established by an 'Act of Parliament' (e.g., Indian High Courts Act 1861 or State Reorganization Acts) while the SC was established directly by the Constitution. Reason (R) is fundamentally incorrect: High Court judges are NOT appointed by the Governor or under laws enacted by Parliament; they are constitutional appointees selected by the President of India under Article 217 of the Constitution. Therefore, A is true and R is false.

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