Q. On 7th May, 1997, the Supreme Court in its full Court meeting passed resolutions/guidelines on Judicial conduct and ethics. Discuss the resolutions/guidelines.
Ans: On 7th May, 1997, the Supreme Court of India, in a full court meeting, adopted a landmark document titled the Restatement of Values of Judicial Life. This resolution laid down a non-exhaustive code of ethics for judges of the Supreme Court and High Courts, aiming to uphold judicial integrity, independence, and public trust.
Key Guidelines of the 1997 Restatement of Judicial Values
- Impartiality and Public Confidence
- Judges must ensure that justice is not only done but seen to be done.
- Any act that erodes public faith in the judiciary must be avoided.
- Avoidance of Political and Public Engagements
- Judges must not contest elections, hold office in clubs or associations, or express views on political matters.
- Professional Aloofness
- Judges must maintain a degree of aloofness consistent with the dignity of their office.
- They must avoid close association with practicing lawyers, especially those appearing before them.
- Family Restrictions
- Family members who are lawyers must not appear before the judge or use the judge’s residence for professional work.
- Financial Integrity
- Judges must not accept gifts or hospitality, except from close family and friends.
- They must not speculate in shares or engage in trade/business, directly or indirectly.
- Conflict of Interest
- Judges must recuse themselves from cases involving family, friends, or companies in which they hold shares.
- Public Conduct
- Judges must not give media interviews or publicly comment on matters pending before courts.
- They must remain conscious of being under public gaze and avoid any conduct unbecoming of their office.
In-House Procedure
Alongside the Restatement, the Court also adopted an in-house procedure to address complaints against judges. This mechanism allows for internal inquiry and corrective action, short of impeachment, to uphold ethical standards.
Conclusion: The 1997 guidelines serve as a moral compass for the higher judiciary, reinforcing the principles of accountability, transparency, and judicial propriety. Though not legally binding, they remain a cornerstone of ethical judicial conduct in India.