Ethical Values of High Court Judges: An Official Declaration
- Shrikant Soman
- May 7
- 4 min read
Ethical Values of High Court Judges: An Official Declaration
Restatement of Values of Judicial Life
This comprehensive "Restatement of Values of Judicial Life," adopted by the Supreme Court of India on May 7, 1997, lays down the foundational principles for ethical conduct expected of judges in the higher judiciary. Serving as a charter for an independent and impartial judiciary, these sixteen points articulate the essential standards of behavior, both on and off the bench, necessary to uphold public trust and ensure the fair administration of justice. They emphasize the paramount importance of maintaining the integrity and credibility of the judicial office in all aspects of a judge's life.
In essence, this code emphasizes that a judge's conduct must not only be just but also visibly so, avoiding any actions that could erode public faith in the judiciary's impartiality. It restricts judges from holding elective office in most organizations, discourages close associations with practicing members of the bar, and prohibits judges from hearing cases involving family members who are lawyers or in which they have a personal interest. The guidelines promote a degree of professional aloofness, restrict public debate on political or pending legal matters, and advise against media interviews, allowing judgments to speak for themselves. Judges are discouraged from accepting gifts outside close circles and must disclose any financial interests in cases before them, refraining from speculation in shares or engaging in trade or business. The code also prohibits judges from soliciting funds and cautions against seeking undue financial benefits associated with their office. Ultimately, it stresses that a judge must always be mindful of public scrutiny and avoid any behavior unbecoming of their high position.
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Restatement of Values of Judicial Life
Charter called the Restatement of Values of Judicial Life', adopted by the Supreme Court on 7 May 1997. It is a code of judicial ethics and serves as a guide for an independent and fair judiciary, paving the way for the impartial administration of justice.
The code comprises of 16 points:
1. Justice must not merely be done but it must also be seen to be done. The behaviour and conduct of members of the higher judiciary must reaffirm the people's faith in the impartiality of the judiciary.
Accordingly, any act of a judge of the Supreme Court or a high court, whether in official or personal capacity, which erodes the credibility of this perception, has to be avoided.
2. A judge should not contest the election to any office of a club, society or other association; turther he shall not hold such elective office except in a society or association connected with the law.
3. Close association with individual members of the bar, particularly those who practice in the same court, shal be eschewed.
4. A judge should not permit any member of his immediate family, such as spouse, son, daughter, son-in-law or daughter-in-law or any other close relative, if a member of the Bar, to appear befote him or even be associated in any manner with a cause to be dealt with by him.
No member of his family, who is a member of the Bar, shall be permitted to use the residence in which the judge actually resides or other facilities for professional work.
6. A judge should practice a degree of aloofness consistent with the dignity of his office.
A judge shall not hear and decide a matter in which a member of his family, a close relation or a friend is concerned.
8. A judge shall not enter into public debate or express his views in public on political matters of on matters that are pending or are likely to arise for judicial determination.
A judge is expected to let his judgments speak for themselves. He shall not give interviews to the media.
10. A judge shall not accept gifts or hospitality except from his family, close relations and friends.
11. A judge shall not hear and decide a matter in which a company in which he holds shares is concerned unless he has disclosed his interest and no objection to his hearing and deciding the matter is raised.
12. A judge shall not speculate in shares, stocks or the like.
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 shall not be construed as trade or business).
14. A judge should not ask for, accept contributions or otherwise actively associate himself with the raising of any fund for any purpose.
15. A judge should not seek any financial benefit in the form of a perquisite or privilege attached to his office unless it is cleatly available. Any doubt in this behalf must be got resolved and clarified through the Chief Justice.
16. Every judge must at all times be conscious that he is under the public gaze and there should be no act or omission by him which is unbecoming of the high office he occupies and the public esteem in which that office is held.
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Source :
RESTATEMENT OF VALUES OF JUDICIAL LIFE [As adopted by Full Court Meeting of the Supreme Court of India on 7th May, 1997)
Further Reading :
Canons of Judicial Ethics
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