FOUNDATIONS OF JUDICIAL ETHICS

1. Sources of Judicial Power:
   • Public acceptance of judicial authority.
   • Integrity of the judiciary.
2. Codification of Judicial Conduct:
   • Experience has led to codified standards of judicial behaviour.
   • The ‘Restatement of Values of Judicial Life’ (1997):
     • Adopted by the Supreme Court on May 7, 1997.
     • First rule: Judges’ behaviour must reaffirm public faith in judiciary impartiality.
     • Judges should avoid actions, in personal or official capacities, that erode credibility.

3. Public Perception and Accountability:
   • Judges must always be conscious that they are under public scrutiny.

BANGALORE PRINCIPLES OF JUDICIAL CONDUCT (2002)

1. Purpose:
   • Framework to regulate judicial behaviour both in and out of court.
2. Core Guidelines:
   • Maintain and enhance public confidence in judicial impartiality and independence.
   • Conduct should preserve judicial dignity and independence.
   • Judges must understand and respect societal diversity.
   • Treat all individuals equally and fairly.
3. Freedom of Expression for Judges:
   • Judges are entitled to freedom of expression.
   • They must exercise this freedom responsibly to uphold the judiciary’s integrity.

IMPEACHMENT OF JUDGES – CONSTITUTIONAL PROCESS

1. Grounds for Removal:
   • Proved misbehaviour or incapacity.
2. Authority for Removal:
   • Judges of the Supreme Court and High Courts can be removed by the President through an impeachment process.
3. Legislative Requirements:
   • Motion of removal must be supported by:
     • A special majority of the total membership of the House.
     • At least two-thirds of members present and voting.
   • Except for removal motions, discussions on judicial misconduct are constitutionally prohibited.

IN-HOUSE PROCEDURE (ADOPTED 1999, PUBLIC IN 2014)

1. Complaint Handling:
   • Complaints against a High Court judge can be addressed to:
     • The President.
     • The Chief Justice of India (CJI).
     • The Chief Justice of the High Court concerned.

2. Role of High Court Chief Justice:
   • Assess seriousness of the complaint and seek a response from the judge.
   • Forward complaint and judge’s statement to the CJI if a deeper probe is needed.
3. Role of the President and CJI:
   • President refers complaints to the CJI.
   • CJI may forward complaints to the Chief Justice of the High Court for initial steps.
4. Fact-Finding Committee:
   • Appointed by the CJI if allegations warrant investigation.
   • Composed of:
     • Two Chief Justices from other High Courts.
     • One High Court judge.

5. Outcomes of Investigation:
   • If sufficient material supports removal:
     • CJI may ask the judge to retire voluntarily.
     • If the judge refuses, the CJI informs the President and Prime Minister.
     • The committee report is used to initiate impeachment proceedings.