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Canons of Judicial Ethics: Conduct, Character, and Integrity of Judicial Officer By Y. Srinivasa Rao, Judge Introductory:-
‘Ethics’ means the basic principles of right action. Ethics of a !rofession" means the general body of rules, written or unwritten relative to the conduct of the members of the profession intended to guide them in maintaining certain basic standards of behaviour. Every judge is a role model to the society to which he belongs. judge must respect and honour his judicial office. !t is an institution of public trust and he must endeavour to leave such office with higher respect and public confidence than when he inherited it. "he judicial living is not an easy thing. "hings in judicial life do not always run smoothly. #iving by canons of judicial ethics enables the occupancies’ of judicial office to draw a line of life with an upward trend traveling through the middle of pea$s and valleys. %udicial &fficers are advised to go through important observations in #.!.Singh vs. $igh Court of $.!. % ors. in &!' (o. )*+ of , decided on )./.)), 0y 1ivision Bench of $on20le $.!. $igh Court, comprising of' (on’ble )r. %ustice *urian %oseph, +hief %ustice and (on’ble )r. %ustice eepa$ -upta, %udge. Per %ustice *urian %oseph, +.%, as to %udicial Ethics and +onduct of %udicial &fficers. Canons of 3udicial ethics:
1. %udicial officers must eercise their judicial functions independently and free of etraneous influence. /. %udicial officers must firmly reject any attempt to influence their decisions in any matter before the +ourt outside the proper pro per process of the +ourt. 0. %udicial officers should encourage and uphold arrangements and safeguards to maintain and enhance the institutional and operational independence of the judiciary. . %udicial officers should ehibit and promote high standards of judicial conduct so as to reinforce public confidence which is the cornerstone of judicial independence. Conduct of Judicial officer:-
%udges are not only held responsible for their own conduct but also for that of their families. 2uch relationships may sometimes give rise to comple ethical 1|Page
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challenges as they may place additional restrictions on the family members of a judge. "herefore, great caution also needs to be eercised by a judge and his family and friends while conducting themselves. judge entrusted with the tas$ of administering justice should be bold and feel fearless while acting judicially and giving epression to his views and constructing his judgment or order. !t should be ho deterrent to formation and epression of an honest opinion and acting thereon so long as it is within four3 corners of law that any action ta$en by a subordinate judicial officer is open to scrutiny in judicial review before a superior forum with which its opinion may not meet approval and the superior court may upset his action or opinion. "he availability of such fearlessness is essential for the maintenance of judicial independence. (owever, sobriety, cool, calm and poise should be reflected in every action and epression of a judge. 4+2E 5&.' ppeal 4crl.6 178 of /991, :E5+(' 1R. '.S. '('(1 CJ % R.C. &'$O4I.
"o become a good judge, the top seven most mentioned ;ualities in order of fre;uency were as follows' ). Industry, diligence . Courtesy +. E56athy /. !atience 7. #no8ledge of the la8 *. Intelligence 9. Sense of fair 6lay
"hese judges esteemed humanity, patience and courtesy at roughly the same level as $nowledge of the law or intelligence. E;ually interesting were some of the ;ualities that were mentioned only once or twice' independence and objectivity. !t is ironic to note that tet writers and judicial councils tell us this is the very essence of o f being a judge. "his clashes with the judicial self3assessment of the ;ualities re;uired for good judging. +ode of %udicial +onduct provides a standard against which to assess judicial behaviour. !t also serves as a guide to judges about what is and is not acceptable behaviour. behaviour. Character of Judicial Officer:-
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1. %udicial officer uphold and apply the law, and should perform all duties of judicial office fairly fairly and impartially. impartially. /. %udicial officer should perform the duties of judicial office without any bias or prejudice. 0. %udicial officer should not permit family, social, political, financial or other interests or relationships to influence their judicial conduct. . %udicial officer should perform judicial and administrative duties competently and diligently. 8. %udicial officer should be dignified, patient, and courteous to litigants, witnesses, advocates, court staff and other with whom he deals in an official capacity. 7. "he ;ualities of a good judge are the ;ualities of a good man. "here are additional demands on a judge, to be sure< $nowledge of the law, a willingness to suspend judgment until all the evidence is in. :ut at last it must be the depth and teture of his humanity that ;ualify and define the judge. 42ee. 1onald 1ale Jacson, Judges, 45ew =or$' theneum, 1>?6, 0996 s was pointed out in '.;.;athur v. !ra5od #u5ar
SCC 7++, ‘’%udicial restraint and discipline are as necessary to the orderly administration of justice as they are to the effectiveness of the army. "he duty of restraint, this humility of function should be constant theme of our judges. "his ;uality in decision ma$ing is as much necessary for judges to command respect as to protect the independence of the judiciary. %udicial restrain in this regard might better be called judicial respect, that is, respect by the judiciary. @espect to those who come before the court as well to other co3ordinate branches of the 2tate, the eecutive, and legislature. "here must be mutual respect. Ahen these ;ualities fail of when litigants and public believe that the judge has failed in these ;ualities, it will be neither good for the judge nor for the judicial process.B Integrity of Judicial Officer:-
C!ntegrity is the hallmar$ of judicial discipline, apart from others. !t is high time the judiciary too$ utmost care to see that the temple of justice does not crac$ from inside, which will lead to a catastrophe in the judicial3delivery system resulting in the failure of public confidence in the system. !t must be remembered that woodpec$ers inside pose a larger threat than the storm outside.B 4@ef' 4ara Singh vs. Jyoti Basu, ?7@) SCC )6. C!ntegrity according 0|Page
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to &ford dictionary is moral uprightnessD honesty. !t ta$es in its sweep, probity, innocence, trustfulness, openness, sincerity, blamelessness, immaculacy, rectitude, uprightness, virtuousness, righteousness, goodness, cleanness, decency, honour, reputation, nobility, irreproachability, purity, respectability, genuineness, moral ecellence etc. !n short it depicts sterling character with firm adherence to a code of moral values. ‘%udiciary is an integrity institution’. "herefore, %udicial &fficers should possess the sterling ;uality of integrity. C)aintenance of discipline in the judicial service is a paramount matter. cceptability of the judgment depends upon the credibility of the conduct, honesty, integrity and character of the officer. "he confidence of the litigating public gets affected or sha$en by lac$ of integrity and character of %udicial &fficer.B 42ee. 42ee. (igh +ourt of %udicature at Bo50ay vs. Aday Singh, ?)9@ 7 SCC )6. nder the :ar +ouncil of !ndia @ules, an advocate shall, at all times, comport himself in a manner befitting his status as an officer of the court, a privileged member of the communityD and a gentleman, bearing in mind that what may be lawful and a moral for a person who is not a member of the :ar, or for a member of the :ar in his nonprofessional capacity may still be improper for an advocate. !n 1aya Shanar vs. $igh Court of 'llaha0ad, ?)9@ + SCC ), the (on’ble 2upreme +ourt set the following standard' C%udicial officers cannot have two standards, one in the court and another outside the court. "hey must have o nly one standard of rectitude, honesty and integrity. "hey cannot act even remotely unworthy of the office they occupy.B !n 4ara Singh2s case 4supra6, having regard to the plain truth that the judiciary is also manned by human beings and yet in view of their privileged position, it was cautioned as follows' C"here is nothing wrong in a %udge having an ambition to achieve something, but if the ambition to achieve is li$ely to cause a compromise with his divine judicial duty, better not to pursue it. :ecause, if a %udge is too ambitious to achieve something materially, he becomes timid. Ahen he becomes timid there will be a tendency to ma$e a compromise between his divine duty and his personal interest. "here will be a conflict between interest and duty. "he (on’ble pe +ourt in (igh +ourt of %udicature for Ra3asthan vs. Ra5esh Chand !ali8al, ?)@ SCC 9, described t ‘%udges’ as ‘hermits’, further reminding that, Cthey have to live and behave li$e hermits, who have no desire or aspiration, having shed it through penance. "heir mission is to supply light and not heatB. !n (igh +ourt of %udicature at Bo50ay vs. Shashiant S. !atil, |Page
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?@ ) SCC /)*, in more emphatic words, it was stated that dishonesty is the
star$ antithesis of judicial probity, and C dishonest judicial personage is an oymoronB. (aving regard to certain sporadic instances of lac$ of probity and integrity among some of the personnel who man this high office, it is high time that specific standards are set with regard to value system to be adopted and followed by the members serving in the temple of justice. 5o doubt, they are more self imposed than imposed. Ahile dispensing justice, the messenger is also important as the message itself. judge is judged not only by the ;uality of his judgments, but also by the ;uality and purity of his character and the measurable standard of that character is impeccable integrity reflected transparently in his personal life as well. &ne who corrects corruption should be incorruptible. "hat is the high standard, the public has set in such high offices of institutional integrity. "herefore, any departure from the pristine codes and values of discipline and disciplined conduct on the part of the judicial officers will have to be viewed very seriously lest the very foundation of the system would be sha$en and, if so, that will be the death $nell of democracy. ‘(onesty and integrity are the hallmar$s of judicial probity. ishonesty and lac$ of integrity are hence the basic elements of misconduct as far as a %udicial &fficer is concerned.’ "he (on’ble pe +ourt in (igh +ourt of %udicature at Bo50ay vs. Shashiant S. !atil, ?@ ) SCC /)*, it was held as follows fo llows 4para /06' C "he %udges, at whatever level they may be, represent the 2tate and its authority, unli$e the bureaucracy or the members of the other service. %udicial service is not merely an employment nor the %udges merely employees. "hey eercise sovereign judicial power. "hey are holders of public offices of great trust and responsibility. !f a judicial officer Ctips the scales of o f justice its rippling effect would be disastrous and deleteriousB. dishonest judicial personage is an oymoron.B !n Ra3endra Singh er5a ?1ead@ 4hrough &Rs. vs. &ieutenant
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!t was further observed that' C!f that authority bona fide forms an opinion that the integrity of a particular officer is doubtful, the correctness of that opinion cannot be challenged before courts. Ahen such a constitutional function is eercised on the administrative side of the (igh +ourt, any HpicI judicial review thereon should be made only with great care and circumspection and it must be confined strictly to the parameters set by this +ourt in several reported decisions. Ahen the appropriate authority forms bona fide opinion that compulsory retirement of a judicial officer is in public interest, the writ court under rticle //7 or this +ourt under rticle 0/ would not interfere with the order.B "he (on’ble 2upreme +ourt regarding the role of the (igh +ourt in such situations, reported in $igh Court of Judicature rs. Shashiant !atel held'C ishonesty is the star$ antithesis of judicial probity. ny instance of a (igh +ourt condoning or compromising with a dishonest deed of one of its officers would only be contributing to erosion of the judicial foundation. Every hour we must remind ourselves that the judiciary floats only over the confidence of the people in its probity. 2uch confidence is the foundation on which the pillars of the judiciary are built.B !n Registrar
"he %udges :ench is a seat of power. 5ot only do judges have power to ma$e binding decisions, their decisions legitimate legitimate the use of o f power by other officials. "he %udges have the absolute and unchallengeable control of the +ourt domain. :ut they cannot misuse their authority by intemperate comments, undignified banter or scathing criticism of counsel, parties or witnesses. "he +ourt has the inherent power to act freely upon its own conviction on any matter coming 7|Page
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before it for adjudication but it is a general principle of the highest importance to the proper administration of justice that derogatory remar$s ought not to be made against persons or authorities whose conduct comes into consideration unless it is absolutely necessary for the decision of the case to animadvert on their conduct. @ef' '.;. ;athur vs !ra5od #u5ar, ) 'IR )9+9. "he ethical obligation rests harder upon their shoulders. %udges must constantly be aware of their role and position in society and cannot be frivolous in the use of their words. !t need not be stated that the words from a judge whether inside or out of the court room carry far more weightage than an average citiJen. &'4ES4.C'SE-&'D.O(.C'(O(S O JA1ICI'& E4$ICS: CO(1AC4, C$'R'C4ER '(1 I(4E
1. Registrar !n +rl.&.P.5o.K??1 of /99?, 4/9116, (on’ble )adras (igh +ourt held that ‘!ntegrity is the hallmar$ of judicial discipline, discipline, apart from others’. others’. 8. #.!.Singh vs. $igh Court of $.!. % ors. in #P 5o. 170 of /99>, decided on /1../911, by ivision :ench of (on’ble (.P. (igh +ourt, comprising of' (on’ble ?|Page
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)r. %ustice *urian %oseph, +hief %ustice and (on’ble )r. %ustice eepa$ -upta, %udge. Per %ustice *urian %oseph, +.%, as to %udicial Ethics and +onduct of %udicial &fficers. 7. 4ara Singh vs. Jyoti Basu, ?7@) SCC ), (E#'3 ‘%udicial &fficers should possess the sterling ;uality of integrity.’ ‘!ntegrity is the hallmar$ of judicial discipline,apart,from,others.’ ?. (igh +ourt of %udicature at Bo50ay vs. Shashiant S. !atil, ?@ ) SCC /)*, highlighting a mar$ed and significant difference between a judicial service and other services. (E#'3 %udicial service is not merely an employment nor the %udges merely employees. "hey eercise sovereign judicial power. "hey are holders of public offices of great trust and responsibility. !f a judicial officer Ctips the scales of justice its rippling effect would be disastrous and deleteriousB. K. (igh +ourt of %udicature for Ra3asthan vs. Ra5esh Chand !ali8al, ?)@ SCC 9. (eld' ‘%udges have been described as ‘hermits’, further reminding that, Cthey have to live and behave li$e hermits, who have no desire or aspiration, having shed it through penance. "heir mission is to supply light and not heatB. >. (igh +ourt of %udicature at Bo50ay vs. Aday Singh, ?)9@ 7 SCC ),(eld'3 ‘cceptability of the judgment depends upon the credibility of the conduct, honesty, integrity and character of the officer. "he confidence of the litigating public gets affected or sha$en by lac$ of integrity and character of %udicial &fficer.’’ 19. '.;.;athur v. !ra5od #u5ar SCC 7++, (E#'3 ‘ Nuality in decision ma$ing is as much necessary for judges to command respect as to protect the independence of the judiciary’ 11. 1aya Shanar vs. $igh Court of 'llaha0ad, ?)9@ + SCC ), (E#'3 C%udicial officers cannot have two standards, one in the court and another outside the court. "hey must have only one standard of rectitude, honesty and integrity. "hey cannot act even remotely unworthy of the office they occupy.B ' nr. . Chief 1istrict 5edical Officer, 1/. !n the case of Baiuntha (ath 1as and 'nr. Bari6ada and 'IR ) SC ) laying down certain guiding principles for the +ourts, on which it can interfere in the order of compulsory retirement. 2ee. "his ruling to $now more.
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