Judges and Their Rules: Safeguarding Fairness in Justice
The Importance of Rules for Judges.
The role of a judge is one of the most important in any society. Judges make decisions that affect the lives of many people, ensuring fairness and justice for all. To do their job properly, judges must follow special rules that guide their behavior. These rules are essential for maintaining trust in the legal system and ensuring that everyone is treated equally. Recently, a controversy involving an Indian judge highlighted the importance of these rules and sparked a national conversation about judicial conduct.
What Happened with Justice Shekhar Kumar Yadav?
On December 8, 2024, Justice Shekhar Kumar Yadav, a judge in the Allahabad High Court, made statements that caused public outrage. At an event organised by the legal cell of the Vishwa Hindu Parishad, he commented on religious groups in a way that seemed biased. His remarks included claims that India should operate according to the wishes of the majority, which many felt went against the principle of treating all citizens equally.
Justice Yadav also criticized practices within certain communities, like polygamy and triple talaq, and praised others for their supposed moral superiority. These statements raised concerns about whether the judge could remain impartial in court, as a judge’s duty is to treat everyone equally under the law. This incident made people reflect on the rules judges must follow to ensure fairness and trust in the justice system.
The Rules Judges Must Follow
Judges in India are guided by two main sets of rules: the Restatement of Values of Judicial Life (1997) and the Bangalore Principles of Judicial Conduct (2002). These documents act as ethical guidebooks for judges, outlining how they should behave in court and in their personal lives.
The Bangalore Principles, in particular, are widely recognised for providing a detailed framework of judicial conduct. These principles are built around six core values:
- Independence: Judges must think and decide for themselves, free from external influences. This ensures that their decisions are based solely on the law and evidence, not on pressure from others.
- Impartiality: Fairness is at the heart of a judge’s role. Judges must not show favoritism to any party, regardless of their identity, religion, or status.
- Integrity: Honesty is non-negotiable for judges. Their decisions and actions must always reflect the highest moral standards.
- Propriety: Judges must behave in ways that inspire confidence in their fairness and dignity. This applies to their actions both inside and outside the courtroom.
- Equality: Judges must treat everyone equally. Whether someone is rich or poor, influential or unknown, they must receive the same treatment in a court of law.
- Competence and Diligence: Judges need to work hard and remain well-informed about the law to deliver accurate and thoughtful judgments.
Together, these principles ensure that judges act in a way that protects the integrity of the legal system and the public’s trust in it.
Why These Rules Are Essential
The rules for judges exist to ensure that justice is fair and unbiased. Imagine a school where a teacher gave higher marks to students who brought them gifts. This would feel very unfair and would make students lose trust in the teacher. Similarly, if people feel that judges are biased or dishonest, they may lose faith in the entire justice system.
Trust in the courts is crucial for maintaining social harmony. When people trust judges, they are more likely to accept court decisions, even when those decisions are not in their favor. Judges who follow these rules help create a society where everyone feels that the law is applied fairly to all.
What Happens When Judges Break the Rules?
When a judge violates these rules, it is considered a very serious matter. Complaints can be made to higher authorities, such as the Chief Justice of India. These complaints are reviewed carefully, and the judge in question is given an opportunity to respond. In less severe cases, a warning may be issued, or the judge might be asked to improve their behavior.
However, in cases of serious misconduct, the process of impeachment may be initiated. Impeachment is a formal procedure for removing a judge from their position. It involves many steps and requires the approval of a large majority of government officials. For instance, the Constitution of India states that a judge can only be removed by the President after a successful impeachment process. This ensures that the decision to remove a judge is not taken lightly and is based on substantial evidence.
There is also an alternative process called the in-house procedure, which allows judges facing serious allegations to retire voluntarily. This process spares both the judge and the judicial institution the public embarrassment of impeachment.
The Case of Justice Yadav and Public Reaction
Justice Yadav’s remarks about religious groups and his participation in an event organised by a political group drew sharp criticism from various quarters. Many lawyers, including senior advocates and legal organisations, expressed concerns about his ability to remain impartial. Letters were written to the Chief Justice of India, urging action against Justice Yadav. Some even called for his impeachment, arguing that his comments violated the principles of judicial conduct.
This incident highlighted the need for judges to be mindful of their words and actions at all times. As public figures, judges are always under scrutiny, and their behaviour can influence how people perceive the judiciary as a whole.
The Broader Implications of Judicial Conduct
The controversy surrounding Justice Yadav is not just about one judge; it raises broader questions about the role of judges in a diverse and democratic society. Judges must navigate complex issues while remaining impartial and fair. Their conduct, both in and out of court, must reflect the highest standards of integrity and equality.
The Bangalore Principles emphasise that judges must be aware of the diversity in society and treat all individuals with equal respect. This is particularly important in a country like India, where people come from many different backgrounds and hold various beliefs. By following these principles, judges help build a legal system that is inclusive and trustworthy.
The Role of the Public in Ensuring Judicial Accountability
While judges are expected to follow strict rules, the public also plays an important role in holding them accountable. When people notice instances of misconduct, they have the right to voice their concerns and demand action. This ensures that the judiciary remains transparent and responsive to the needs of society.
Public trust is the foundation of the judiciary’s power. As the Bangalore Principles state, judges must act in ways that enhance public confidence in their impartiality and independence. When the public holds judges accountable, it strengthens the judicial system and ensures that it continues to serve the people fairly.
Conclusion: The Path Forward
The recent controversy involving Justice Yadav serves as a reminder of the importance of judicial ethics. Judges hold great power and responsibility, and their actions must reflect the principles of independence, impartiality, and integrity. By following these rules, judges ensure that the courts remain a place where everyone can seek justice without fear of bias or discrimination.
The Bangalore Principles and the Restatement of Values of Judicial Life provide a strong foundation for guiding judicial conduct. However, it is equally important for the public and legal institutions to remain vigilant and address any instances of misconduct. In doing so, we can ensure that the judiciary continues to be a pillar of fairness and trust in our society.
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The Source’s Authority and Ownership of the Article is Claimed By THE STUDY IAS BY MANIKANT SINGH
