Table of Contents
THE CONTEXT: Justice Abhijit Gangopadhyay’s transition from the Calcutta High Court to the Bharatiya Janata Party (BJP) has sparked debate on judges entering politics post-retirement. The transition highlights past instances and the lack of legal restrictions on such moves, alongside ethical considerations and global standards for judicial conduct, including the Bangalore Principles of Judicial Conduct.
ISSUES:
- Judicial Independence and Integrity: The importance of judicial independence and integrity emphasizes that judges should perform their duties without fear or favor, as outlined in the Constitution and the Bangalore Principles of Judicial Conduct.
- Political Neutrality of Judges: The issue of judges joining politics after resigning from their judicial positions is a crucial concern. The judges of constitutional courts should be prohibited from taking a political plunge even after resignation to maintain impartiality and uphold the oath they swore.
- Ethical Conduct of Judges: The Bangalore Principles of Judicial Conduct stress the importance of ethical behavior for judges, including independence, impartiality, integrity, decency, and diligence. Judges are expected to maintain dignity inside and outside the courtroom to enhance public confidence in the judiciary.
- Past Precedents and Present Standards: Judges like Chief Justice Koka Subba Rao and Supreme Court judge Baharul Islam resigned to pursue political roles in the past, which is no longer acceptable according to global judicial standards like the Bangalore Declaration. It calls for reevaluating such practices to align with modern expectations of judicial conduct.
- Need for Reform: It’s high time for the Chief Justice of India and the Supreme Court to investigate such cases more rigorously and establish measures to prevent judicial aberrations. Due to the unlikelihood of parliamentary action on this issue, it suggests that an explicit prohibition on judges entering politics post-resignation should be enforced through judge-made laws.
THE WAY FORWARD:
- Enhancing Judicial Education and Training: The Resource Guide on Strengthening Judicial Integrity and Capacity suggests that continuous education and training are essential for maintaining high standards of judicial conduct and competence. This includes training on ethical issues, human rights, and the application of international legal standards.
- Reform of the Supreme Court Confirmation Process: In the United States, recommendations have been made for reforming the Supreme Court confirmation process to reduce politicization and ensure that nominees are evaluated based on their qualifications, integrity, and commitment to judicial independence. This includes suggestions for more transparent and fair confirmation hearings.
- European Council of Judges (CCJE): The European Council of Judges (CCJE) has established principles and rules governing judges’ conduct, emphasizing the importance of judicial ethics, impartiality, and the fair handling of cases. Article 17 of their guidelines recognizes judges’ rights to a fair process and underscores the necessity for judicial actions to satisfy the requirements of judicial ethics and impartiality, whether at the national or international level.
- Bangalore Principles of Judicial Conduct: The Bangalore Principles of Judicial Conduct,2002, serve as an international code of judicial conduct, emphasizing fairness, integrity, and impartiality. These principles provide a framework for judges worldwide, advocating for fair-mindedness as a crucial balance in weighing proposals and making judicial decisions. The Bangalore Principles are recognized for setting a global standard for judicial behavior, ensuring that judges remain upright and fair.
- Model Code of Judicial Conduct for Indian Court Judges: Although specifically designed for American Indian court judges, the Model Code of Judicial Conduct sets standards that encourage fairness and due process in court proceedings. This code applies to anyone performing judicial functions within a judicial system, emphasizing the integrity and independence of the judiciary, the avoidance of impropriety, and the diligent and impartial performance of judicial duties. It also advises judges on regulating extrajudicial activities to minimize conflicts with judicial responsibilities and refrain from inappropriate political activity.
- Canons of Judicial Ethics: The Canons of Judicial Ethics, as discussed in the First M.C. Setalvad Memorial Lecture, provide a detailed definition of judicial ethics, emphasizing the necessity for judges to exhibit integrity and upright behavior. These canons serve as an authenticated international code of judicial conduct, guiding judges in maintaining the judiciary’s integrity and preventing the erosion of public trust in the judicial system.
- Handling Complaints Against Judges: The Law Commission has suggested the formation of a committee comprising the Chief Justice of India and two senior-most Judges of the Supreme Court to examine complaints of deviant behavior and misbehavior against judges. This would ensure accountability and uphold the ethical standards expected of the judiciary.
THE CONCLUSION:
The episode with Justice Gangopadhyay underscores the need for the Indian judiciary and legislative bodies to reconsider and potentially reform the rules governing post-retirement activities of judges. Implementing reforms such as a mandatory cooling-off period and enhancing existing judicial conduct codes could help maintain the judiciary’s integrity, impartiality, and independence, aligning India’s practices with global standards.
UPSC PAST YEAR QUESTIONS:
Q.1) In the integrity index of Transparency International, India stands very low. Discuss briefly the legal, political, economic, social, and cultural factors that have caused the decline of public morality in India. (2016)
Q.2) What is meant by ‘crisis of conscience’? How does it manifest itself in the public domain? (2019)
Q.3) Is conscience a more reliable guide when compared to laws, rules, and regulations in the context of ethical decision-making? Discuss. (2023)
Q.4) Integrity is a value that empowers the human being’. Justify with a suitable illustration. (2021)
MAINS PRACTICE QUESTION:
Q.1) Discuss the need for a legal or ethical framework to regulate the post-retirement activities of judges to uphold the sanctity of the judiciary.
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