The code of conduct judges need to follow

(Source – The Hindu, International Edition – Page No. – 10)

Justice Yadav’s Remarks and Public Reaction

• Justice Shekhar Kumar Yadav, a judge of the Allahabad High Court, faced criticism for his remarks at a Vishwa Hindu Parishad event.
• He commented that the country should operate according to the majority population’s wishes and criticised practices like polygamy and triple talaq.
• His speech drew public backlash, with organizations like the All India Lawyers Union calling it undemocratic and leaning towards a “Hindutva Rashtra.”
• Legal advocacy groups have alleged that Justice Yadav’s participation in a politically inclined event and his comments violated judicial ethics.

Supreme Court’s Response

• The Supreme Court acknowledged the media reports on the remarks and sought details from the Allahabad High Court.
• The issue is under consideration by the judiciary, indicating potential future actions.

Judicial Ethics and Codes of Conduct

• The judiciary operates on public trust and its integrity, governed by the ‘Restatement of Values of Judicial Life’ (1997).
• Judges must ensure their behaviour reaffirms faith in judicial impartiality and avoid any action that undermines this perception.
• The Bangalore Principles of Judicial Conduct (2002) mandate that judges maintain public confidence in their impartiality while respecting diversity and equality.
• Judges are required to preserve the dignity of their office and avoid behaviour that compromises judicial independence.

Process of Judge Impeachment

• Judges of the Supreme Court and High Courts can be removed for “proved misbehaviour or incapacity” by a Presidential order after impeachment.
• Impeachment requires a special majority in Parliament, with two-thirds of members present and voting in favour.
• The judiciary has an in-house procedure, adopted in 1999, allowing voluntary retirement to avoid public embarrassment.
• Complaints against judges can be addressed to the President, Chief Justice of India, or the relevant High Court Chief Justice.
• Serious allegations are investigated by a fact-finding committee, with recommendations for voluntary retirement or impeachment if necessary.