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Critical Topics and Their Significance for the UPSC CSE Examination on December 11, 2024

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The code of conduct judges need to follow

For Preliminary Examination: Collegium System, Supreme Court, High Court, NJAC vs Collegium

For Mains Examination: GS II - Indian Polity & Governance

Context:

The comments made by Allahabad High Court judge, Justice Shekhar Kumar Yadav, against the Muslim community at an event organised by the Vishwa Hindu Parishad on December 8, has drawn public flak. Justice Yadav has said that the country would function as per the wishes of the majority living in Hindustan.

Read about:

Hierarchy in Judiciary System

Supreme Court

High Court

Key takeaways:

Judicial Ethics

• Judicial power stems from the public’s trust in the judiciary’s authority and the integrity of its judges. Over time, the judiciary has codified standards for judicial conduct, both in and out of the courtroom. The 'Restatement of Values of Judicial Life,' adopted by the Supreme Court in 1997, is a key code that governs judicial behavior.
• The first rule of this code stresses that judges should act in a way that reinforces public confidence in the impartiality of the judiciary.
• Any behavior that undermines this trust, whether in a judge's official or personal capacity, must be avoided. Unfortunately, Justice Yadav’s actions appear to contradict this, as the code also mandates that judges remain aware of their public visibility at all times.
• The Bangalore Principles of Judicial Conduct (2002) set out a comprehensive framework for judicial conduct, requiring judges to conduct themselves in a manner that enhances public trust in their impartiality and independence.
• While these guidelines affirm a judge’s right to freedom of expression, they also stress the need to preserve the dignity and impartiality of the judicial office and recognize society’s diversity.

Judicial Impeachment Process

• According to the Constitution, judges of the Supreme Court and High Courts can be removed by the President following a successful impeachment process on grounds of proven misbehavior or incapacity.
• A motion for the removal of a constitutional court judge requires the support of a special majority in the House, which includes two-thirds of the members present and voting.
• The Constitution limits discussions about judicial misconduct to motions for removal and forbids such discussions in other contexts.
• However, the Supreme Court has developed an internal procedure that allows judges facing serious allegations to opt for voluntary retirement, avoiding the public embarrassment of impeachment.
• This procedure, established in 1999 and made public in 2014, provides a pathway for addressing complaints against High Court judges. Complaints can be submitted to the President, Chief Justice of India (CJI), or the Chief Justice of the concerned High Court.
• If necessary, the complaint is escalated to the CJI, who can then appoint a fact-finding committee to investigate the allegations.
• If the committee finds sufficient grounds for removal, the CJI can ask the judge to retire. Should the judge refuse, the matter is forwarded to the President and the Prime Minister, paving the way for impeachment

 Follow Up Question

What is the extent of the global share of solar energy?

For Preliminary Examination: Solar radiation, photovoltaic (PV) cells, solar thermal energy, National Solar Mission (NSM), Pradhan Mantri Kisan Urja Suraksha evam Utthaan Mahabhiyan (PM-KUSUM)