Restatement of Values of Judicial Life” adopted by the Supreme Court in 1997:
The recent visit of the Prime Minister of India to Chief Justice of India (CJI) residence has sparked controversy, particularly in the context of the “Restatement of Values of Judicial Life” adopted by the Supreme Court in 1997.
- The ‘Restatement of Values of Judicial Life’ is a code of judicial ethics adopted by the Supreme Court, serving as a guide for an independent and fair judiciary, ensuring the impartial administration of justice.
- Justice must not merely be done but it must also be seen to be done. Judges must avoid any actions that erode public confidence in 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.
- A judge should not contest the election to any office of a club, society or other association, except in a society or association connected with the law.
- Close association with individual members of the bar, particularly those who practise in the same court, shall be avoided.
- A judge should not allow any member of their immediate family or a close relative who is a member of the Bar to appear before them or be involved in a case that they are handling.
- No member of a judge’s family who is a member of the Bar shall be permitted to use the judge’s residence or other facilities for professional work.
- A judge should practise a degree of aloofness (being distant) 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 engage in public debate or express political views on matters pending or likely to arise for judicial determination.
- A judge should let his judgments speak for themselves and not give media interviews.
- A judge shall not accept gifts or hospitality except from 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.
- Judges should not engage in trade or business, directly or indirectly, but publishing legal work or hobby activities are exceptions.
- A judge should not solicit, accept, or associate with fundraising 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 on this behalf must be resolved and clarified through the Chief Justice.
- Judges must always be aware they are under public scrutiny and avoid any act or omission unbecoming of their high office.
