The judiciary forms the central axis of democracy in India, being the custodian of the Constitution and protector of the citizens’ rights. However, the utterances and actions of a few judges are calling into question the credibility and integrity of the institution. The slightest weakening of public trust in the impartiality of the judicial system can have grave implications.
The judiciary needs to ensure that the rule of law is maintained and justice is delivered without prejudice. With increasing instances of judicial misdemeanour, it becomes necessary to reflect on how their words and actions might impact the perception of justice when they cross the line between personal views and professional obligations.
A recent example that sparked public debate involves political and communal remarks by an Allahabad High Court judge. It was brought to the notice of the president, parliament and Supreme Court. When a judge makes a public statement that appears to align with a particular ideological perspective, it raises concerns about bias. While judges, like any citizen, have the right to personal opinions, their public comments should not undermine the perception of impartiality. The Indian judiciary has had a stellar record of standing firm in cases that challenge the government or political entities. But lately, judgements on some key issues have been delayed, creating an impression that the judiciary is not as decisive or accountable as it ought to be.
There is a need for clear guidelines for the conduct of judges, especially in public. The judiciary should also have an effective mechanism to deal with allegations of judicial misconduct to ensure that accountability is upheld without undermining the institution’s independence. This will go a long way in preserving public trust in the system. The judiciary needs to strive for the highest standards of professionalism, accountability and transparency.
At a time when public trust in institutions is becoming fragile, it is imperative that judges exemplify the values of fairness, impartiality and independence at all times. The judiciary is a self-regulating branch, but there are very few instances of judges being held to account for their actions. The lack of a clear and independent mechanism to address complaints against judges can lead to opacity and distrust. The Supreme Court should frame a clear and stringent code of conduct for judges before it is too late.