JUDICIAL ETHICS: THE ROLE OF

ETHICS IN DISPENSATION OF
JUSTICE
(Project towards the fulfillment of assessment in the subject of Professional Ethics)

SUBMITTED BY SUBMITTED TO:

MANEESH REDDY (1582) Dr. Anjali Thanvi
YASH YADAV (1603) ASSISTANT PROFESSOR
SEMESTER IX

NATIONAL LAW UNIVERSITY, JODHPUR

SUMMER SESSION
(JULY – DECEMBER 2021)

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 TABLE OF CONTENTS

INTRODUCTION.................................................................................................................... 3

THE MEANING OF ETHICS ................................................................................................ 4

INTEGRITY AND HONESTY .............................................................................................. 4

JUDICIAL ALOOFNESS AND DETACHMENT ............................................................... 6

JUDICIAL INDEPENDENCE ............................................................................................... 6

JUDICIAL TEMPERAMENT AND HUMILITY ............................................................... 7

IMPARTIALITY I.E. FREEDOM FROM PREJUDICE AND BIAS ............................... 7

RESTATEMENT OF VALUES OF JUDICIAL LIFE ........................................................ 8

THE BANGALORE DRAFT PRINCIPLES ...................................................................... 10

CONCLUSION ...................................................................................................................... 12

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 INTRODUCTION

The word “ethics” is “of or relating to moral action, conduct, motive or character; containing

precepts of morality; moral, professionally right or befitting; conforming to professional

standards of conduct, code of right and wrong, sense of right and wrong, virtuous conducts,

virtues”. For us ethics are, thus, code of conduct which should pervade in our conduct and

behaviour while performing our job as Judges. Justice R.C. Lahoti while delivering “M.C.

Setalvad Memorial Lecture” gave a very simple definition of judicial ethics “Simply put, it can

be said that judicial ethics are the basic principles of right action of the Judges. It consists of or

relates to moral action, conduct, motive or character of judges; what is right or befitting for

them. It can also be said that judicial ethics consist of such values as belong to the realm of

judiciary without regard to the time or place and are referable to justice dispensation”.1

The cannon of ethics are mostly unwritten rules of conduct, which govern our conduct. They

are not to be found in any statute book or rules of conduct framed for regulating the service

conditions of Judges, these cannons after being put in practice for time immemorial have been

recognised as rule of conduct commanding acceptability akin to religion or firm faith.

Chief Justice Marshall has observed:

“The fundamental aim of Legal Ethics is to maintain the honour and dignity of the Law

Profession, to secure a spirit of friendly cooperation between the Bench and the Bar in the

promotion of highest standards of justice, to establish honourable and fair dealings of the

counsel with his client opponent and witness; to establish a spirit of brotherhood in the Bar

itself; and to secure that lawyers discharge their responsibilities to the community generally.”2

1
Justice R C Lahoti , Canons Of Judicial Ethics, Memorial Lecture Series By Hon'ble Mr. Justice Y K Sabharwall,
2012, available at: https://highcourtchd.gov.in/sub_pages/left_menu/publish/articles/articles_pdf/canons.pdf
2
C.L. Anand, General Principles Of Legal Ethics, Pg. No. 63.

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 THE MEANING OF ETHICS

Ethics, also known as moral philosophy, is a branch of philosophy concerned with the study of

questions of right and wrong and how we ought to live. Ethics involves making moral

judgments about what is right or wrong, good or bad. Right and wrong are qualities or moral

judgments we assign to actions and conduct. Within the study of ethics, there are four branches:

metaethics, concerned with methods, language, logical structure, and the reasoning used in the

interpretation of ethical terms, for example, what exactly does the term “good” mean;

normative ethics, concerned with ways of behaving and standards of conduct; and applied

ethics, concerned with solving practical moral problems as they arise, particularly in the

professions, such as medicine and law.3 Ethics provides us with a way to make moral choices

when we are uncertain about what to do in a situation involving moral issues. In the process of

everyday life, moral rules are desirable, not because they express absolute truth, but because

they are generally reliable guides for normal circumstances.4

Justice R.V. Raveendran has enumerated five ethical standards to be followed and practised by

a Judge, they are; (i) integrity and honesty (ii) judicial aloofness and detachment (iii) Judicial

independence (iv) Judicial temperament and humility (v) impartiality i.e. freedom from

prejudice and bias.5

INTEGRITY AND HONESTY

Integrity and honesty are the fundamental prerequisites for a Judge. They are neither special

qualities nor achievement to be boasted. A Judge is required to be upright and expected to be

a man of integrity. If judge is not honest or lacks integrity, he has no business to be a Judge. In

this context, I want to emphasize that as a Judge we have close knit and a vast fraternity. When

3
Three Branches of Ethics, available at: https://people.umass.edu/klement/160/intro-et.pdf
4
Singer, Peter, How Are We To Live? Ethics In An Age Of Self-Interest. Amherst, Ny: Prometheus Books, 1995.
5
Conference On Judicial Ethics And Accountability, National Judicial Academy, 2015.

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a judge does something improper it is not only the erring judge but the entire judiciary that will

be seen in a bad light. When we adorn a chair at our dais in robes, our individuality, lineage,

caste or community vanish and we are only a Judge.6 When something improper is committed

by a Judge, no one takes the name of a judge, who has committed an impropriety rather it is

said that Judicial Magistrate/Additional District Judge/District Judge has committed

impropriety. Thus, apart from individual impeccable conduct we have collective responsibility

to the society in discharge of our function. Thus, in our fraternity those who are older in age

and experience have a responsibility to guide and caution younger colleagues, if on after

deliberation, they are of opinion that brother judge is to be guided for better result. Institutions

in the world consist of individual members.7 It is the collective effort of all members which

prove the utility and usefulness of an institution. My endeavour is to impress upon junior

officers to give value and weight to the words and advice of their seniors. Judges have to be

cautious not to take a personal favour from a lawyer, politicians or businessmen. Some of the

judges assume that if the favour is unrelated to any case pending before them, it is not

objectionable and shall not affect their integrity. Their assumption is wrong. It is to be

remember favours normally come with strings attached. Whenever a concession or favour is

shown to a Judge, the person showing it will consider it as an investment for the future and

would, when the occasion arises, demand, or at least expect, a return of the favour in some

form or the other.8

6
Justice Badar Durrez Ahmed, Importance Of Ethics, Integrity And Discipline, Memorial Lecture Series By
Hon'ble Mr. Justice Y K Sabharwall, 2012.
7
Justice Y. Srinivasa Rao, Canons Of Judicial Ethics: Conduct, Character, And Integrity Of Judicial Officer,
2016.
8
Justice R C Lahoti , Canons Of Judicial Ethics, Memorial Lecture Series By Hon'ble Mr. Justice Y K Sabharwall,
2012, available at: https://highcourtchd.gov.in/sub_pages/left_menu/publish/articles/articles_pdf/canons.pdf

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 JUDICIAL ALOOFNESS AND DETACHMENT

Judicial aloofness and detachment is maintaining a detachment from the arena of contest and

rendering justice unmindful of the consequences. You have to dispassionately decide who is

right and who is wrong in accordance with law. Judicial aloofness does not mean that you live

in an ivory towers. It does not mean that you should not be alive to the problems of the society

or that you can ignore the day-to-day realities of life. Judges should be able to understand the

needs of the society and connect to the problems and difficulties of the weaker sections and

provide access to justice to all who come at the doors of the justice.

JUDICIAL INDEPENDENCE

Judicial independence is both independence of the judiciary as an institution and the

independence of individual judge in performing his judicial functions. Independence of

individual judge means freedom from any influence or pressure and freedom from any

interference by the executive or the legislature in the judicial process. 9 You have the right to

decide a case in the manner which you consider to be in accordance with law. You have

absolute immunity against any actions or reprisals or personal criticism, in respect of your

judicial actions and decisions. Judicial independence is not freedom to do what you like and

what you consider just and equitable. Judicial independence does not mean that you can

exercise your discretion as per your whims and fancies.10 Even when you are exercising

discretion, for which there are no statutory guidelines or precedents, you are required to act

justly and fairly and not arbitrarily.

9
OHCHR, Basic Principles on the Independence of the Judiciary,availalble at:
https://www.ohchr.org/EN/ProfessionalInterest/Pages/IndependenceJudiciary.
10
Steven Platt, The Qualities Of A Good Judge, A Pursuit Of Justice, 2007.

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 JUDICIAL TEMPERAMENT AND HUMILITY

While inside and outside the Courts, the judges are addressed with respect. You decide the fate

of litigants, you send people to jail, you have captive audiences in your court who give

appreciative nods to your observations but above should not lead you to think that you are

personification of wisdom, knowledge, or intelligence and your word is law. Such assumptions

will gradually lead fading of humility from your mind. Humility is the quality which makes a

judge realise, that he is neither infallible nor omnipotent. Without humility a Judge becomes

arrogant and opinionated, perverse with a closed mind, and starts believing that the lawyers do

not know much, that he knows better and that his decisions are always just and right.11 One

should be more concerned about rendering justice rather than trying to exhibit your erudition,

intelligence or power which inevitably leads to injustice. Justice Frankfurter described

“Judicial humility” as having a mind that respects law, that can change its thinking, that can

accept that another view is possible, that can be persuaded by reason, that which is detached

and aloof, that quests for truth and that puts passion behind its judgment and not in front of it.

IMPARTIALITY I.E. FREEDOM FROM PREJUDICE AND BIAS

The most crucial and special quality of a Judge is impartiality. To achieve impartiality one has

to possess the other four qualities as mentioned above i.e. honesty and integrity, judicial

aloofness, independence, humility. You should be free from both external and internal bias.

The Supreme Court in the case of C. Ravichandran Iyer vs. Justice A.M. Bhattacharjee and

others,12 noted the qualities and conduct, which a Judge must possess.

11
Humility Defines The Judicial Temperament, Richmond Times, 2017.
12
C. Ravichandran Iyer vs. Justice A.M. Bhattacharjee and others (1995) 5 S.C.C. 457.

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 RESTATEMENT OF VALUES OF JUDICIAL LIFE

What should be the befitting conduct of Judges have been tried to be put in black and white on

more than one occasion. Although no statutory code of conduct has been framed enlisting the

code of conduct but our Supreme Court in its Full Court meeting had adopted a charter called

“Restatement of Values of Judicial Life” on May 7, 1997. Restatement of Values of Judicial

Life contains several ethical rules, which are to be punctually followed by the Judges of higher

judiciary. Those restatement of values are also fully relevant for the officers of the subordinate

judiciary. There has been Bangalore declaration of the year 2002. 13 In Bangalore declaration

certain principles have been adopted. It is relevant to note the details of both, which are as

follows:-

On May 7, 1997 the Supreme Court of India in its Full Court unanimously adopted a Charter

called the “Restatement of Values of Judicial Life” to serve as a guide to be observed by Judges,

essential for independent, strong and respected judiciary, indispensable in the impartial

administration of justice. This Resolution was preceded by a draft statement circulated to all

the High Courts of the country and suitably redrafted in the light of the suggestions received.

It has been described as the 'restatement of the pre-existing and universally accepted norms,

guidelines and conventions' observed by Judges. It is a complete code of the cannons of judicial

ethics.14 It reads as under:

• 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.

13
Revathi Krishnan, Supreme Court Crisis: These Are The 16 Values Of Judicial Life Our Judges Swore To
Uphold, THE PRINT, 2019.
14
Justice S.R.Babu, Judicial Accountability And Independence, National Judicial Academy, Bhopal, 2004.

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• A Judge should not contest the election to any office of a Club, society or other

association; further he shall not hold such elective office except in a society or

association connected with the law.

• Close association with individual members of the Bar, particularly those who practice

in the same court, shall be eschewed.

• 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 before 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.

• 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.

• A Judge shall not enter into public debate or express his views in public on political

matters or 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.

• A Judge shall not accept gifts or hospitality except from his family, close relations and

friends.

• 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.

• A Judge shall not speculate in shares, stocks or the like.

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 • 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).

• A Judge should not ask for, accept contributions or otherwise actively associate himself

with the raising of any fund for any purpose.

• A Judge should not seek any financial benefit in the form of a perquisite or privilege

attached to his office unless it is clearly available. Any doubt in this behalf must be

resolved and clarified through the Chief Justice.

• 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. These are only the “Restatement of

the Values of Judicial Life” and are not meant to be exhaustive but illustrative of what

is expected of a Judge. The above “restatement” was ratified and adopted by Indian

Judiciary in the Chief Justices’ Conference 1999. All the High Courts in the country

have also adopted the same in their respective Full Court Meetings.

THE BANGALORE DRAFT PRINCIPLES

The values of judicial ethics which the Bangalore Principles crystallises are: (i) independence

(ii) impartiality, (iii) integrity, (iv) propriety (v) equality and (vi) competence & diligence.15

The above values have been further developed in the Bangalore Principles as under:-

• Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee

of a fair trial. A Judge shall therefore uphold and exemplify judicial independence in

both its individual and institutional aspects.

15
Justice Ashok Bhushan, Role Of Ethics In Dispensation Of Justice, JTIR JOURNAL, 2014.

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 • Impartiality is essential to the proper discharge of the judicial office. It applies not only

to the decision itself but also to the process by which the decision is made.

• Integrity is essential to the proper discharge of the judicial office.

• Propriety, and the appearance of propriety, are essential to the performance of all the

activities of a judge.

• Ensuring equality of treatment to all before the courts is essential to the due

performance of the judicial office.

• Competence and diligence are prerequisites to the due performance of judicial office.

• Implementation - By reason of the nature of judicial office, effective measures shall be

adopted by national judiciaries to provide mechanisms to implement these principles,

if such mechanisms are not already in existence in their jurisdictions.16

16
The Bangalore Principles Of Judicial Conduct 2002, Round Table Meeting Of Chief Justices, November 25-
26, 2002.

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 CONCLUSION

There has been a lot of debate with regard to conduct which a Judge has to follow while

conducting himself privately or interacting with the society. A person who is occupying an

office of Judge remains Judge during court hours as well as when not sitting in the Court. 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.

Justice P.B. Gajendragadkar said “Judges ordinarily must observe certain rules of decorum in

their social behaviour and a little isolation and aloofness are the price which one has to pay for

being a judge, because a judge can never know which case will come before him and who may

be concerned in it. No hard and fast rule can be laid down in this matter, but some discretion

must be exercised”.17

17
Aiftp Times, All India Federation Of Tax Practitioners, August, 2012.

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