{"id":288122,"date":"2024-03-22T13:27:18","date_gmt":"2024-03-22T07:57:18","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=288122"},"modified":"2024-03-23T13:33:02","modified_gmt":"2024-03-23T08:03:02","slug":"judges-joining-politics-in-india-the-judges-code","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/judges-joining-politics-in-india-the-judges-code\/","title":{"rendered":"Judges joining politics in India: The judge’s code"},"content":{"rendered":"

Source<\/strong>: The post judges joining politics in India has been created, based on the article \u201cThe judge’s code: Members of the judiciary should follow a self-imposed discipline -and be seen to do so too<\/strong>\u201d published in \u201cIndian express<\/strong>\u201d on 22nd March 2024.<\/p>\n

UPSC Syllabus Topic:<\/strong> GS Paper 2-polity-Separation of powers between various organs (judiciary)<\/p>\n

News<\/strong>: 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.<\/p>\n

What are the former incidents of judges joining politics in India?<\/strong><\/h2>\n

CJI K Subba Rao:<\/strong> He resigned three months before retirement and became the opposition’s presidential candidate. Known for supporting civil liberties.<\/p>\n

Justice Baharul Islam:<\/strong> 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.<\/p>\n

Justice K S Hegde: <\/strong>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.<\/p>\n

What are the major concerns of judges joining politics in India?<\/strong><\/h2>\n

Judicial Impartiality: <\/strong>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.<\/p>\n

Institutional Integrity: <\/strong>Judge Gangopadhyay’s actions, like conflicts with fellow judges and controversial public statements, raised questions about maintaining the judiciary’s integrity.<\/p>\n

Preserving Judicial Independence: <\/strong>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.<\/p>\n

What should be done?<\/strong><\/h2>\n

Uphold Judicial Standards:<\/strong> Judges should adhere to standards like the Bangalore Principles of Judicial Conduct<\/strong>. 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.<\/p>\n

Implement Self-Restraint:<\/strong> 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.<\/p>\n

Question for practice:<\/strong><\/p>\n

Examine the implications of former judges in India transitioning to political roles, citing historical instances and highlighting concerns regarding judicial impartiality.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post judges joining politics in India has been created, based on the article \u201cThe judge’s code: Members of the judiciary should follow a self-imposed discipline -and be seen to do so too\u201d published in \u201cIndian express\u201d on 22nd March 2024. UPSC Syllabus Topic: GS Paper 2-polity-Separation of powers between various organs (judiciary) News:… Continue reading Judges joining politics in India: The judge’s code<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10500,225],"class_list":["post-288122","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-indian-express","tag-polity","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/288122","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=288122"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/288122\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=288122"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=288122"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=288122"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}