Context:
The Supreme Court will clarify the procedure for granting sanction by Lokpal following controversy in the Mahua Moitra cash-for-query case.
Key Highlights:
- Case Background
- Lokpal sanctioned prosecution based on a CBI probe report.
- Delhi High Court set aside the Lokpal’s sanction order.
- Supreme Court has stayed HC directions and will interpret the law.
- Legal Issues
- Ambiguity in Section 20 of Lokpal and Lokayukta Act, 2013.
- Debate over procedure and authority of Lokpal in granting sanction.
- Allegations
- Accusations of accepting benefits for raising parliamentary questions.
- Defense raised regarding sharing of login credentials for clerical work.
Relevant Prelims Points:
- Lokpal: Anti-corruption ombudsman at the Centre.
- Lokpal & Lokayukta Act, 2013: Provides for inquiry into corruption cases.
- Sanction: Mandatory approval to prosecute public servants.
- CBI: Central investigative agency handling corruption cases.
Relevant Mains Points:
- Importance of institutional clarity in anti-corruption mechanisms.
- Issues in checks and balances between judiciary and statutory bodies.
- Need for transparent and uniform sanction procedures.
- Impact on accountability of public representatives.
- Way Forward
- Clear judicial guidelines for sanction procedures.
- Strengthen independence and procedural clarity of Lokpal.
- Ensure balance between accountability and due process.
UPSC Relevance:
- GS II: Polity, Governance, Anti-Corruption