Judicial Conduct and Integrity

Source: This post on Judicial Conduct and Integrity has been created based on “The code of conduct judges need to follow” published in The Hindu on 11^th Dec 2024.

UPSC Syllabus topic : GS 2 Polity and governance

Context: The article delves into the ethical responsibilities of judges and the framework that governs judicial conduct, drawing attention to recent controversies involving Justice Shekhar Kumar Yadav of the Allahabad High Court.

What are the two main sources of the judiciary’s power?

The judiciary’s power derives from public acceptance of its authority and the integrity of its members.

What is the framework for regulating judicial conduct?

The framework for regulating judicial conduct includes the Bangalore Principles of Judicial Conduct (2002) and the Restatement of Values of Judicial Life (1997), both of which focus on impartiality, integrity, and public confidence in the judiciary.

What is the Restatement of Values of Judicial Life?

The Restatement of Values of Judicial Life, adopted by the Supreme Court in 1997, is a code of ethics that governs judicial behavior. The first rule emphasizes the need for judges to maintain public trust in the judiciary’s impartiality. It also highlights the importance of avoiding actions that may erode the credibility of the judiciary.

What are the key principles in the Bangalore Principles of Judicial Conduct?

The Bangalore Principles (2002) require judges to act in a manner that upholds public confidence in the judiciary’s impartiality. Judges must also respect the dignity of the judicial office, be aware of societal diversity, and treat all individuals equally. While judges have the right to freedom of expression, it should not compromise their impartiality or independence.

How can a judge be removed from office in India?

Judges of the Supreme Court and High Courts can be removed through an impeachment process initiated by Parliament for “proved misbehaviour or incapacity.” The motion requires support from a special majority in both Houses of Parliament (two-thirds of members present and voting).

What is the procedure for judicial accountability?

The Supreme Court has an in-house procedure for addressing serious allegations against judges. Complaints can be submitted to the President, Chief Justice of India (CJI), or the Chief Justice of the concerned High Court. If the complaint is serious, it is forwarded to the CJI, who may form a fact-finding committee to investigate the allegations. If the committee finds sufficient grounds for removal, the judge may be asked to retire or face impeachment.

What happens if a judge refuses to retire after an investigation?

 If a judge refuses to retire following a fact-finding committee’s recommendation, the CJI can inform the President and Prime Minister, initiating the impeachment process.