Note4Students
From UPSC perspective, the following things are important :
Mains level: Ethical standards for Judiciary;
Why in the News?
Concerns about Prime Minister Modi’s visit to CJI Chandrachud’s residence for the Ganapati puja stem from the 1997 ‘Restatement of Values of Judicial Life’ guidelines on judicial conduct.
What does the ‘Restatement of values of judicial life’ state?
It is a 16-point code of conduct adopted by the Supreme Court of India in May 1997 to guide the ethical behaviour of judges of the Supreme Court and High Courts.
- Impartiality and Credibility: The first tenet emphasizes that judges’ behaviour must reinforce public faith in the judiciary’s impartiality. Any actions that could undermine this perception should be avoided.
- Aloofness: Judges are advised to maintain a degree of aloofness that is consistent with the dignity of their office, ensuring they do not engage in relationships that could compromise their neutrality.
- Public Awareness: Judges must be conscious of their public image and avoid any conduct seen as unbecoming of their high office.
- Political Neutrality: Judges should remain politically neutral and avoid public discussions on political matters or cases pending judicial determination.
- Avoiding Conflicts of Interest: Judges must not allow family members of the Bar to appear before them, nor should they engage in speculative financial activities or accept gifts beyond those from close friends and family.
- Public Trust: The document underscores the importance of maintaining public trust through ethical conduct and discourages close associations with advocates practising in the same court.
Types of IntegrityIntegrity in the judicial context can be categorized into several types:
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Significance of Maintaining Integrity and Public Confidence through Probity
- Trust in the Judiciary: Upholding integrity is crucial for maintaining public confidence in the judiciary, as it reassures citizens that justice is administered fairly and without bias.
- Separation of Powers: The judiciary’s integrity is essential for maintaining the constitutional balance between the judiciary and the executive. Any perceived compromise can lead to public skepticism about the independence of judicial decisions.
- Ethical Standards: The Restatement serves as a guide for judges to navigate their professional responsibilities while adhering to ethical standards, which is vital for the credibility of the judicial system.
- Public Perception: Actions that appear to blur the lines between the judiciary and executive can lead to gossip and speculation, undermining the institution’s integrity. Judges must be mindful of their public image to prevent any erosion of trust.
Way forward:
- Strengthen Judicial Training: Implement continuous ethical training for judges, emphasizing the importance of maintaining impartiality, political neutrality, and avoiding conflicts of interest to uphold public confidence.
- Establish Oversight Mechanisms: Create robust internal oversight frameworks to monitor and address potential breaches of judicial integrity, ensuring transparency and accountability in judicial conduct.
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