11th December 2024 (11 Topics)
Judicial Ethics
Context
Justice Shekhar Kumar Yadav of the Allahabad High Court made controversial remarks during a Vishwa Hindu Parishad event, drawing public backlash and calls for disciplinary action, including impeachment. The Supreme Court has taken notice, and the matter is under investigation.
Judicial Ethics and Conduct:
The code of judicial conduct that governs judges emphasizes impartiality and the importance of maintaining public confidence in the judiciary. Some key principles from the Restatement of Values of Judicial Life (1997) and the Bangalore Principles of Judicial Conduct (2002) are:
- Impartiality: Judges must always act in a way that reaffirms public trust in the fairness and neutrality of the judiciary.
- Public Perception: Judges should avoid any actions or statements that could damage their credibility, both inside and outside the court.
- Diversity and Equality: Judges must treat all individuals equally, aware of the diversity in society, and avoid comments that could be seen as discriminatory.
Justice Yadav’s comments, which seemed to favor one community over others, could be seen as a violation of these principles, especially since judges are expected to maintain the dignity and impartiality of their office.
Impeachment Process:
The Indian Constitution allows for the impeachment of judges of the Supreme Court and High Courts on grounds of "proved misbehaviour or incapacity." The process is complex:
- A motion for removal can be introduced in Parliament and must be supported by:
- A special majority of the total membership of the House.
- At least two-thirds of the members present and voting.
- Alternatively, the Supreme Court has an in-house procedure for dealing with allegations against judges. The process works as follows:
- Complaints can be filed against a High Court judge with the President, Chief Justice of India (CJI), or the Chief Justice of the concerned High Court.
- The complaint is reviewed, and if serious, the CJI may appoint a fact-finding committee.
- If the committee finds enough evidence, the judge may be asked to retire voluntarily.
- If the judge refuses, the matter can be referred to the President for impeachment.
This process provides a way to investigate judicial misconduct while maintaining the dignity of the judiciary.
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