Restatement of Values of Judicial Life
Context:
The recent visit of the Prime Minister Narendra Modi to the residence of Chief Justice of India (CJI) D.Y. Chandrachud to participate in a Ganesh puja has raised concerns regarding judicial propriety.
Relevance:
GS-02 (Indian Polity)
The Arguments and Concerns
- Judicial Independence: Critics argue that the Chief Justice’s participation in a social function with the Prime Minister compromises the separation of powers between the judiciary and the executive.
- Senior advocate Indira Jaising stated that the CJI has compromised the independence of the judiciary from the executive.
- The Campaign for Judicial Accountability and Reforms emphasized that the judiciary must be seen as independent to maintain public confidence.
- Need for Judicial Aloofness: The document, “Restatement of Values of Judicial Life,” suggests that the judges should maintain a degree of aloofness to uphold the dignity of their office and avoid situations that could lead to public gossip or speculation about the impartiality of the judiciary.
- Senior advocate Kapil Sibal stressed that the issue is not the individual (the CJI) but the public perception of the judiciary’s impartiality.
- Defending the CJI’s Actions: However, some say that it was merely a social and religious function, which should not affect judicial decisions.
- Senior advocate Manan Kumar Mishra, Bar Council of India chairperson, defended the CJI, stating that the event does not impact the independence of the judiciary or any judgments.
What is “Restatement of Values of Judicial Life”?
- It was adopted in the year 1997 by the Supreme Court of India.
- The “Restatement of Values of Judicial Life” is a 16-point document that serves as a guide for ethical standards and conduct expected from judges.
- Key principles include:
- Impartiality: Judges’ conduct should always reinforce the public’s faith in their impartiality.
- Aloofness: Judges are advised to maintain a degree of aloofness and avoid situations that might erode public confidence in the judiciary.
- Avoiding Conflicts: Judges should avoid close associations with lawyers and refrain from discussing political matters in public.
Way Forward
- The independent judiciary being one of the pillars of the democracy should maintain public trust to ensure that it is upholding Constitution’s checks and balances.
- Greater awareness and adherence to the “Restatement of Values of Judicial Life” can guide judges in avoiding situations that could lead to perceived biases or conflicts.
- Further, to prevent conflicts of interest, former Chief Justice R.M. Lodha recommended a cooling-off period of at least two years before retired judges take up new roles.
- Learning from international practices, such as life tenure for Supreme Court judges in the U.S., could help frame better policies to protect judicial independence in India.
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