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LATEST NEWS UPDATES | Detailed code of conduct for judges in new Bill by Maneesh Chhibber

Detailed code of conduct for judges in new Bill by Maneesh Chhibber

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published Published on Dec 21, 2009   modified Modified on Dec 21, 2009

While finalising a new law to check corruption and increase accountability in the higher judiciary, the Union Law Ministry has also decided to include a comprehensive code of conduct for judges of the Supreme Court and the High Courts.

Sources told The Indian Express that this was being done as voluntary attempts by the higher judiciary to lay down a code of conduct had not yielded the desired result.

According to sources associated with the drafting of the Judges Standards and Accountability Bill, which is likely to be introduced in the next session of Parliament, the code of conduct would be on the same lines as the Restatement of Values of Judicial Life, which the Full Court of the Supreme Court had adopted on May 7, 1997. The restatement was ratified and adopted by the higher judiciary in the Chief Justices Conference of 1999 as well as by Full Courts of all High Courts.

“Since the judiciary has time and again said that the Restatement of Values is not legally binding and not enforceable through judicial orders as it didn’t have the force of law, we plan to include a detailed list of do’s and don’ts in the proposed law. The failure of a sitting judge to adhere to the same will be considered an act of impropriety and, hence, punishable,” said a source.

The source also clarified that the Ministry was not simply planning to “cut and paste” the Restatement of Values of Judicial Life. Rather, Law Minister M Veerappa Moily will discuss the same with the Chief Justice of India and request him to give the judiciary’s point of view.

“There will be additions and alterations. The list that we put in the new law could be more exhaustive and clearer,” said the source.

The Restatement of Values of Judicial Life — the 16-point charter meant to serve as a “guide for the judges, essential for independent, strong and respected judiciary, indispensable in the impartial administration of justice” — asks judges to ensure that justice is not merely done, it is also seen as having been done. It asks them not to contest election to any office of a club, society or other association and also not hold any elective office, except in a society or association connected with the law.

Also, judges are asked not to have “close association” with individual lawyers, and not allow their lawyer-kin to appear before him. Such kin are not permitted to stay in the same house as a judge.

Apart from expecting judges to conduct themselves with a degree of aloofness consistent with the dignity of their office, the charter requires them not to enter into a public debate or express their views in public on political matters or on matters that are pending or are likely to arise for judicial determination.

It says that no judge “shall accept gifts or hospitality except from his family, close relations and friends” and also not “hear and decide a matter in which a company in which he holds shares is concerned unless he has disclosed his interest and no objection to his hearing and deciding the matter is raised”.

The clause pertaining to holding of shares and hearing cases has been in the news recently as some judges of the Supreme Court have recused themselves from high-profile matters as they held shares in the companies that were party to the dispute.

Sources said the Law Ministry was still to take a formal view on whether to persist with the clause in the Restatement of Values that bars judges from speculating in shares, stocks or the like.

“These days, everyone is investing in the share market. So how can judges be stopped (from doing that)?” asked an officer.


The Indian Express, 22 December, 2009, http://www.indianexpress.com/news/detailed-code-of-conduct-for-judges-in-new-bill/557572/
 

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