JUDGES146; CODE OF CONDUCT

Besides obvious reasons like corruption, even willful disinterest towards performance of duties amounts to 8220;misbehaviour8221;. Other reasons include persistent conduct which brings 8220;dishonour or disrepute8221; to the judicial community, commission of an offence involving moral turpitude, willful abuse of judicial office and lack of integrity.

nbsp;

8226;What is the ideal conduct for a serving judge?

A Code of Conduct for the Supreme Court and high court judges called 8216;Re-instatement of Values in Judicial Life8217;, was resolved in the chief justices8217; conference of 1999. The 15-point code primarily recommends a serving judge to maintain an air of 8220;aloofness8221; in his official and personal life. It says:

1. A judge should not contest election to any office of a club, society or other association.

nbsp;

2. He should not hold such elective office except in a society or association connected with the law.

nbsp;

3. Close association of a judge with individual members of the Bar, particularly those who practice in the same court, must be eschewed.

nbsp;

4. A judge should not permit any member of his immediate family, such as spouse, son, daughter, son-in-law or any other close relative, if he or she is a member of the Bar, to appear before him or even be associated in any manner with a case to be dealt by him.

nbsp;

5. A member of a judge8217;s family, if he or she is a member of the Bar, should not be permitted to use the residence in which the judge actually resides.

nbsp;

6. A judge should practice a degree of aloofness consistent with the dignity of his office.

nbsp;

7. A judge should not hear and decide a matter in which a member of his family, a close relative or a friend is concerned.

nbsp;

8. A judge must not enter into public debate or express his views in public on political matters or on matters that are pending or are likely to arise for judicial determination.

nbsp;

9. A judge is expected to let his judgments speak for themselves. He will not give interviews to the media.

nbsp;

10. A judge will not accept gifts or hospitality except from his family, close relatives and friends.

nbsp;

11. A judge will not hear and decide a mailer in which a company in which he holds shares is concerned, unless he has disclosed his interest and no objection to his hearing is raised.

nbsp;

12. A judge must not speculate in shares, stocks or the like.

nbsp;

13. A judge should not engage directly or indirectly in trade or business, either by himself or in association with any other person. Publication of a legal treatise or any activity in the nature of a hobby will not be construed as trade or business.

nbsp;

14. A judge should not ask for or accept contributions or otherwise actively associate himself with the raising of any fund.

nbsp;

15. A judge must be conscious that he is constantly under public gaze and there should be no act or omission from him unbecoming of his office.

nbsp;

8226;Declaration of assets: A judge of the Supreme Court or a high court at the time of appointment, and thereafter, shall annually give intimation of his assets and liabilities to the Chief Justice of India or the Chief Justice of the high court concerned.

8226;Matters for probe reach the Council in two ways: i complaint by any person; ii reference from the Lok Sabha Speaker or Chairman.

8226; The Council will have the power of a civil court, will hold the hearings in camera and should complete the enquiry within six months or as expeditiously as possible.

8226; The Speaker or Chairman will refer a case of misbehaviour of a judge if he chooses to admit a motion of not less than 100 members in the case of the Lok Sabha, and not less than 50 members in any Council of States, respectively.

8226; If charges of misbehaviour stand proved before the Council, any of a series of 8220;minor measures8221; would follow: issuance of advisory or warning; withdrawal of the judge from judicial work for a limited time, including cases already assigned; requesting the Judge to voluntarily retire; censure or admonition, public or private. If not proven, the complaint is dismissed.

8226; Legal experts dissent, saying that such minor measures would only succeed in exposing the judiciary to 8220;ridicule8221;.

8226; In a case of reference by the Speaker, if the charges against a judge are proved, the Council will address its findings before the President, who will place it in both Houses of the Parliament.

8226; In case of 8220;physical or mental incapacity8221; of a judge, the Council constitutes a medical board to examine the judge and submit a report if he is unfit to continue in office.

8226; If a judge is aggrieved by an order of removal passed by the President or a final order of the Council imposing one or other 8220;minor measures8221;, he can file an appeal to the Supreme Court.