PYQs Anchoring:

GS 2: Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. 2021
GS 2: Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy. 2014
GS 2: Explain the reasons for the growth of public interest litigation in India. As a result of it, has the Indian Supreme Court emerged as the world’s most powerful judiciary? 2024

Microthemes: Judiciary

A Hon’ble Judge of of the Allahabad High Court made comments against a community at an event organized by the Vishwa Hindu Parishad’s legal cell, which has caused a lot of public criticism.

Key Ethical Principles for Judges: Code of Conduct

Principle	Description	Example	Implication
Impartiality	Judges must ensure fairness and remain neutral, avoiding any bias based on religion, race, or personal beliefs.	Justice Abhay Thipsay criticized for commenting publicly on the 2002 Gujarat riots case, which was seen as biased.	Undermines judicial neutrality, casting doubt on the fairness of the judiciary.
Integrity	Upholding the highest moral standards and avoiding actions or comments that harm public trust in the judiciary.	Justice C.S. Karnan’s controversial public accusations against fellow judges in 2017, leading to contempt proceedings.	Erodes public confidence in the judiciary’s credibility and internal integrity.
Respect for Diversity	Acknowledging and respecting the cultural, religious, and social diversity of the population while delivering justice.	Justice Yadav’s statements comparing Hindu and Muslim values, suggesting one is superior to the other.	Perceptions of discrimination arise, harming the judiciary’s image of inclusivity and fairness.
Accountability	Judges should be accountable for their words and actions, ensuring they align with ethical and legal standards.	The Campaign for Judicial Accountability and Reforms (CJAR) called for an inquiry into Justice Yadav’s controversial remarks.	Demonstrates the judiciary’s commitment to upholding ethical and professional conduct.
Avoidance of Controversy	Judges must refrain from making statements or actions that could lead to unnecessary public or political controversies.	Justice Markandey Katju’s blog posts criticizing political leaders and social issues, which often sparked controversies.	Generates public backlash and questions the judiciary’s independence and focus on its constitutional role.

How do codes of conduct vary across different jurisdictions and judicial systems?

United States: The American Bar Association has established Model Rules of Professional Conduct which emphasize independence, integrity, and impartiality.
- Example- In Caperton v. A.T. Massey Coal Co. (2009), the U.S. Supreme Court ruled that a judge’s failure to recuse himself due to significant campaign contributions from a party involved in the case violated the Due Process Clause.
United Kingdom: The Judicial Conduct Investigations Office oversees judicial behavior, with a focus on maintaining public confidence in the judiciary.
- Example- In 2015, His Honour Judge Dodds faced an investigation by the Judicial Conduct Investigations Office after being described as “gratuitously rude” by the Court of Appeal.
India: The Restatement of Values of Judicial Life serves as a guiding document for judges, emphasizing the need for impartiality and respect for constitutional values.
- Example- Justice P.D. Dinakaran faced impeachment proceedings in 2011 over allegations of corruption and land-grabbing, highlighting breaches of ethical and constitutional principles.

What are the consequences for judges who violate the code of conduct?

In-House Procedures: Many jurisdictions have internal mechanisms allowing for complaints against judges to be investigated without public embarrassment.
Impeachment: In severe cases, judges can be impeached for misconduct, requiring a significant legislative majority to proceed.
Public Reprimand or Suspension: Depending on the severity of the violation, judges may receive reprimands or temporary suspensions from their duties.

Way forward:

Strengthen Accountability Mechanisms: Establish clearer and more transparent procedures for addressing judicial misconduct, including an independent body to investigate complaints and ensure timely action, thus preserving public trust in the judiciary.
Promote Judicial Sensitivity and Training: Implement regular training programs on diversity, impartiality, and judges’ ethical responsibilities to reinforce the importance of maintaining neutrality and respect for all communities, both in and out of the courtroom.

Impeachment Process for Judges in India

Aspect	Details	Examples
Overview	Parliamentary address to the President for judge removal, ensuring judicial independence by maintaining a high removal threshold.
Constitutional Provisions	– Article 124(4): Requires Presidential order post-majority vote in Parliament.	– Article 218: Applies same rules to High Court judges.
	– Judges (Inquiry) Act, 1968: Clarifies grounds for impeachment.
Grounds for Impeachment	– Proved misbehaviour: Includes misuse of office, grave offences, and constitutional violations.	Justice Soumitra Sen (2011): Corruption charges led to resignation before impeachment.
	– Incapacity: Includes physical or mental incapacity.	Justice C.V. Nagarjuna Reddy (2017): Financial misconduct and victimizing a Dalit judge; motion not pursued.
Procedure	– Initial Step: Requires 100 MP signatures (Lok Sabha) or 50 MP signatures (Rajya Sabha).
	– Committee Formation: Includes a Supreme Court judge, High Court Chief Justice, and a jurist.
	– Inquiry: Committee investigates charges and reports findings to the House.
	– Outcome: If guilty, findings lead to further action; if not guilty, motion is dismissed.
Instances of Impeachment	– Justice V. Ramaswami (1993): Financial impropriety; motion failed despite guilty finding.
	– Justice J.B. Pardiwala (2015): Controversial remarks on reservation; motion dropped after remarks were expunged.
	– Justice S.K. Gangele (2015): Cleared of sexual harassment charges in 2017.

Back to Basics: the Judicial Code of Conduct

What Is the Judicial Code of Conduct?

A set of ethical principles and guidelines that govern the behavior of judges to ensure impartiality, integrity, and public trust in the judiciary.

Core Principles:

Independence: Judges must remain free from external influences, including political or personal biases.
Impartiality: Decisions should be based solely on facts, evidence, and the law, without favor or prejudice.
Integrity: Upholding the highest ethical standards to foster public confidence in judicial proceedings.
Accountability: Adhering to constitutional values and being answerable for judicial conduct.

Key Guidelines in India:

Restatement of Values of Judicial Life (1999): Lays down essential dos and don’ts for judges, emphasizing constitutional respect and personal integrity.
Judges (Inquiry) Act, 1968: Provides mechanisms for addressing allegations of misconduct, including impeachment procedures.

International Perspectives:

Bangalore Principles of Judicial Conduct: Recognized globally, it emphasizes six values: independence, impartiality, integrity, propriety, equality, and competence.

Challenges in Enforcing Judicial Conduct:

Lack of a robust enforcement mechanism.
Ambiguities in defining “misbehavior” and “incapacity.”
Instances of judicial overreach and public skepticism about judicial accountability.

Why It Matters:

The judiciary is a cornerstone of democracy, ensuring justice and upholding constitutional rights.
A strong judicial code of conduct safeguards the credibility and legitimacy of the judiciary.