Judges joining politics in India: The judge’s code

Source: The post judges joining politics in India has been created, based on the article “The judge’s code: Members of the judiciary should follow a self-imposed discipline -and be seen to do so too” published in “Indian express” on 22nd March 2024.

UPSC Syllabus Topic: GS Paper 2-polity-Separation of powers between various organs (judiciary)

News: The article discusses how former Judge Abhijit Gangopadhyay joined politics right after leaving his judicial position. It compares his move with similar actions by past judges.

What are the former incidents of judges joining politics in India?

CJI K Subba Rao: He resigned three months before retirement and became the opposition’s presidential candidate. Known for supporting civil liberties.

Justice Baharul Islam: Initially a politician, he served in the Rajya Sabha, became a High Court Judge, and then a Supreme Court Justice. He resigned five weeks early and was nominated for the Lok Sabha but returned to the Rajya Sabha. His judicial decisions faced scrutiny when re-entering politics.

Justice K S Hegde: He transitioned from being a Rajya Sabha member to a Supreme Court Justice, then left to successfully contest a Lok Sabha seat and became the Speaker of the lower house.

What are the major concerns of judges joining politics in India?

Judicial Impartiality: Concerns arise about a judge’s neutrality if they enter politics, as seen with Justice Baharul Islam, whose political return led to scrutiny of his judicial decisions.

Institutional Integrity: Judge Gangopadhyay’s actions, like conflicts with fellow judges and controversial public statements, raised questions about maintaining the judiciary’s integrity.

Preserving Judicial Independence: Gangopadhyay’s transition to politics right after resigning from a high judicial office can be seen as compromising the judiciary’s independence, a concern echoed in past instances.

What should be done?

Uphold Judicial Standards: Judges should adhere to standards like the Bangalore Principles of Judicial Conduct. This means avoiding political bias and preserving the dignity of their office, as exemplified by Justice K S Hegde, who maintained a gap between his judicial and political careers.

Implement Self-Restraint: As former Supreme Court Judge E S Venkataramiah noted, judges must exercise self-restraint and humility. This helps curb personal biases and maintain judicial integrity.

Question for practice:

Examine the implications of former judges in India transitioning to political roles, citing historical instances and highlighting concerns regarding judicial impartiality.