Restatement of Values of Judicial Life – 1997
Kartavya Desk Staff
Source: IE
Context: In a historic move, all Supreme Court judges, including the Chief Justice of India, have decided to publicly declare their assets, reaffirming the principles laid down in the 1997 Restatement of Values of Judicial Life, which underpins judicial ethics in India.
About Restatement of Values of Judicial Life:
• What is it?
• A judicial code of ethics adopted by the Supreme Court of India in 1997 during a full court meeting. It provides a non-exhaustive, 16-point framework outlining the ethical conduct expected of judges. Acts as a moral compass and accountability guide for higher judiciary, especially in the absence of statutory laws governing judge conduct.
• A judicial code of ethics adopted by the Supreme Court of India in 1997 during a full court meeting.
• It provides a non-exhaustive, 16-point framework outlining the ethical conduct expected of judges.
• Acts as a moral compass and accountability guide for higher judiciary, especially in the absence of statutory laws governing judge conduct.
• Key Features of the 1997 Restatement of Values of Judicial Life:
• Judges must avoid actions that “erode” people’s faith in the higher judiciary, as “Justice must not merely be done but it must also be seen to be done”. Must not contest elections/hold office in clubs, societies, and associations. Must avoid close association with “individual members of the Bar” and if any immediate or close family members are members of the Bar, they must not appear before the judge in court or be associated with any case or “cause” she is dealing with. Similarly, such family members cannot be permitted to use the judge’s residence for professional work. Must practice “a degree of aloofness consistent with the dignity of his office”, i.e. being impartial by maintaining distance from the case before her. Must not hear and decide cases where a family member or friend is involved. Must not publicly express views on political matters that may arise for judicial determination. Must “let his judgments speak for themselves” and must not give interviews to the media. Must not accept gifts or hospitality from anyone besides family and friends. Must not hear and decide matters involving a company in which the judge holds shares unless previously disclosed and no objection is raised. Must not “speculate in shares, stocks or the like”. Must not engage in any trade or business “directly or indirectly”. This does not include legal publishing or anything “in the nature of a hobby”. Should not seek any financial benefit connected to her office “unless it is clearly available”. Must be conscious that she is “under the public gaze” and avoid acts “unbecoming of the high office”.
• Judges must avoid actions that “erode” people’s faith in the higher judiciary, as “Justice must not merely be done but it must also be seen to be done”.
• Must not contest elections/hold office in clubs, societies, and associations.
• Must avoid close association with “individual members of the Bar” and if any immediate or close family members are members of the Bar, they must not appear before the judge in court or be associated with any case or “cause” she is dealing with.
• Similarly, such family members cannot be permitted to use the judge’s residence for professional work.
• Must practice “a degree of aloofness consistent with the dignity of his office”, i.e. being impartial by maintaining distance from the case before her.
• Must not hear and decide cases where a family member or friend is involved.
• Must not publicly express views on political matters that may arise for judicial determination.
• Must “let his judgments speak for themselves” and must not give interviews to the media.
• Must not accept gifts or hospitality from anyone besides family and friends.
• Must not hear and decide matters involving a company in which the judge holds shares unless previously disclosed and no objection is raised.
• Must not “speculate in shares, stocks or the like”.
• Must not engage in any trade or business “directly or indirectly”. This does not include legal publishing or anything “in the nature of a hobby”.
• Should not seek any financial benefit connected to her office “unless it is clearly available”.
• Must be conscious that she is “under the public gaze” and avoid acts “unbecoming of the high office”.
NOTE: No need to remember all 16 points, but just know the essence and broader features in code.