Conduct
of Judge in private
|
Speech Sub-titles:
"JUDICIAL
ETHICS –
A definition"
"Things necessary to be continually had in remembrance" |
|
Speech Sub-titles: "Oath
of a Judge _ analysed
"
"Independence and
Impartiality" "Conduct
of Judge in private" "Patience
and Tolerance" |
Conduct
of Judge in private
When
a judge sits on trial, he himself is on trial.
The trust and confidence of ‘we the people’ in judiciary stands on
the bedrock of its ability to dispense fearless and impartial justice.
Any action which may shake that foundation is just not permitted.
Once having assumed the judicial office, the judge is a judge for 24
hours. It is a mistaken assumption for any holder of judicial office to say that
I am a judge from 10 to 5 and from 5 to 10 it is my private life.
A judge is constantly under public gaze.
“Judicial office is essentially a public trust.
Society is, therefore, entitled to expect that a Judge must be a man of
high integrity, honesty and required to have moral vigour, ethical firmness and
impervious to corrupt or venial influences.
He is required to keep most exacting standards of propriety in judicial
conduct. Any conduct which tends to undermine public confidence in the integrity
and impartiality of the court would be deleterious to the efficacy of judicial
process. Society, therefore,
expects higher standards of conduct and rectitude from a Judge.
Unwritten code of conduct is writ large for judicial officers to emulate
and imbibe high moral or ethical standards expected of a higher judicial
functionary, as wholesome standard of conduct which would generate public
confidence, accord dignity to the judicial office and enhance public image, not
only of the Judge but the court itself. It
is, therefore, a basic requirement
that a Judge’s official and personal conduct be free from impropriety; the
same must be in tune with the highest standard of propriety and probity. The
standard of conduct is higher than that expected of a layman and also higher
than that expected of an advocate. In fact, even his private life must adhere to
high standards of probity and propriety, higher than those deemed acceptable for
others. Therefore, the Judge can
ill-afford to seek shelter from the fallen standard in the society.” [30]
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[29] Edmund Heward, Lord Denning, A Biography, 2nd Edn., pp.35-36.
[30] C. Ravichandran Iyer v. Justice A.M. Bhattacharjee & Ors., (1995) 5 SCC 457, para 21, per K. Ramaswamy, J.