From UPSC perspective, the following things are important :
Mains level: Religious issues;
Why in the News?
Justice Shekhar Kumar Yadav of the Allahabad High Court made comments against the Muslim community at an event organized by the Vishwa Hindu Parishad’s legal cell, which has caused a lot of public criticism.
What are the key ethical principles outlined in the code of conduct for judges?
- Majority Rule: Justice Yadav stated that India would function according to the wishes of the majority, referring to Hindus as the “bahusankhyak” (majority) community. He implied that the values taught to children in one community differ significantly from those in another, particularly regarding animal slaughter practices.
- Critique of Muslim Practices: He criticized certain practices within the Muslim community, such as polygamy and triple talaq, while asserting that Hindus revere women as goddesses. This comparison has been interpreted as a direct attack on Islamic traditions.
- Response from Legal Community: The Campaign for Judicial Accountability and Reforms has called for an inquiry into Justice Yadav’s conduct, arguing that his statements violate judicial ethics and undermine public confidence in the judiciary. Prominent legal figures have also suggested impeachment proceedings against him.
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.
- United Kingdom: The Judicial Conduct Investigations Office oversees judicial behavior, with a focus on maintaining public confidence in the judiciary.
- 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.
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 the ethical responsibilities of judges to reinforce the importance of maintaining neutrality and respect for all communities, both in and out of the courtroom.
The Opposition in Rajya Sabha is preparing to move a motion for impeachment of Allahabad High Court Judge for the same controversial remarks inciting communal hatred.
Impeachment Process for Judges in India:
| About |
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| Key Constitutional Provisions |
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| Grounds for Impeachment |
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| What does the process entail? | Procedure under the Judges Inquiry Act, 1968:
Initial Step: The impeachment motion must be signed by at least 100 MPs in the Lok Sabha and 50 MPs in the Rajya Sabha. Committee Formation: Once the motion is introduced, the Speaker or Chairperson of the respective House forms a three-member inquiry committee:
Inquiry Process: The committee investigates the charges, cross-examines witnesses, and regulates its procedure. Outcome: If the committee finds the judge not guilty, the motion is dismissed. If found guilty, it will be reported back to the House for further action. |
Instances of Impeachment in India:
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Mains PYQ:
Q Distinguish between laws and rules. Discuss the role of ethics in formulating them. (UPSC IAS/2020)
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