The Code of Conduct Judges Need to Follow

Syllabus: GS2/ Polity and Governance

Context

• The recent remarks by the Allahabad High Court Judge against the Muslim community during a Vishwa Hindu Parishad event have sparked public outrage, underscoring the need for judicial accountability.

What is the Judicial Code of Conduct?

• The Restatement of Values of Judicial Life: This document adopted by the  Supreme Court of India in 1997, lays down ethical standards and principles for judges of the Supreme Court and High Courts.
  • It aims to reinforce impartiality, integrity, and transparency in judicial conduct.
• The In-house Procedure: This mechanism provides for remedial action against judges who fail to uphold the accepted values of judicial life.
  • Under this, complaints against a judge can be addressed to the Chief Justice of India (CJI) or the respective High Court Chief Justice.

Judicial Ethics

• The judiciary derives its strength from two key pillars;
  • Public acceptance of judicial authority
  • Integrity and impartiality of judges.
• The Restatement of Values of Judicial Life sets forth the following principles;
  • Reaffirming Public Faith: Judges must conduct themselves in a manner that enhances public trust in the judiciary’s impartiality. 
  • Public Gaze: Judges must remain conscious that their conduct is under public scrutiny at all times, demanding a higher standard of ethical behavior.
• Bangalore Principles of Judicial Conduct, 2002 codifies global standards for judicial ethics. These principles emphasize;
  • Impartiality and Dignity
  • Freedom of Expression with Restraint
  • Respect for Diversity.

Mechanism for Removal of Judges

• The Constitution of India provides for the removal of judges of the Supreme Court and High Courts under Article 124(4) and Article 217 on grounds of “proved misbehavior or incapacity.” 
• The process involves;
  • Initiation of Impeachment: A motion for removal must be introduced in either House of Parliament, supported by a special majority (⅓rd of the total membership and ⅓rd of members present and voting).
  • Presidential Approval: After the motion is passed, the President of India issues an order for the removal of the judge.

In-House Procedure for Investigation

• To address judicial misconduct outside the formal impeachment process, the Supreme Court in 1999 adopted an “in-house procedure” for conducting investigations;
  • Filing Complaints: Complaints can be made to the CJI, High Court Chief Justice, or the President.
  • Preliminary Inquiry: The Chief Justice of the High Court seeks a response from the accused judge and forwards the findings to the CJI.
  • Fact-Finding Committee: If serious allegations arise, the CJI appoints a committee comprising two Chief Justices of other High Courts and one High Court judge to investigate.
  • Recommendations and Action: If the committee finds sufficient grounds for removal, the CJI may advise the judge to resign. If the judge refuses, the report is forwarded to the President and the Prime Minister for further action, paving the way for impeachment.

Importance of Judicial Ethics

• Erode Public Trust: Any deviation from impartiality weakens public confidence in the judiciary.
• Affect Judicial Independence: External influences or personal biases compromise the judiciary’s role as an independent arbiter.
• Undermine the Rule of Law: Unethical behavior impacts the fair application of laws and the delivery of justice.

Concluding remarks

• Judges hold a position of immense trust and responsibility, and adherence to ethical standards is paramount to uphold the rule of law and safeguard the credibility of the judiciary. 
• By maintaining high standards of conduct, the judiciary can continue to be the guardian of constitutional values and the protector of justice in society.

Source: TH