Ethics: Ethical Implications of Judge Resigning for Politic (March 2024) | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Why in News?

A former Calcutta High Court judge recently resigned and joined a political party, leading to discussions about the appropriateness of such actions by a judge. The concerns surrounding the judge's resignation to pursue politics raise significant ethical questions that impact perceptions of judicial propriety, impartiality, and the integrity of the judiciary.

What are the Ethical Concerns Related to a Judge Resigning for Politics? 

• Judicial Impartiality: Judges are expected to remain neutral, making decisions based on facts and the law, without personal bias or external influence. The judge’s decision to join a political party after being involved in controversies questions his impartiality while presiding over political cases, undermining public confidence in the judiciary’s fairness.
• Judicial Independence: Essential for maintaining the rule of law and democracy, judicial independence requires judges to be free from external influence, including political entities. The judge’s decision to align with a political party shortly after resigning raises doubts about the independence of his prior judicial decisions, suggesting potential political influences.
• Conflict of Interest: Judges must avoid conflicts of interest and maintain judicial integrity. His involvement in politics, particularly after controversial rulings, raises concerns about potential conflicts of interest.
• Public Trust and Confidence: The judiciary relies on public trust to function effectively. Actions that undermine judicial integrity and impartiality erode public trust in the system. The transition from the judiciary to active politics may foster skepticism and cynicism about the judiciary’s independence and integrity.
• Post-Retirement Appointments: Some retired judges have accepted government posts, blurring the lines between the judiciary and the executive.

What is the Restatement of Values of Judicial Life 1997?

The Supreme Court of India adopted the Restatement of Values of Judicial Life in 1997, outlining ethical standards for judges.
Key points include:

• Impartiality: Justice must be both done and seen to be done. Judges should maintain public trust in the judiciary's impartiality.
• Avoiding Conflicts: Judges should avoid close associations with Bar members, refrain from hearing cases involving family members who are lawyers, and not engage in political debates.
• Financial Benefits: Judges should not seek financial benefits outside their entitlements and avoid speculative investments.
• Public Scrutiny: Judges should always be aware that they are under public scrutiny and act to uphold the dignity of their office.

Post-Retirement Assignments for Judges

While the Indian Constitution doesn't explicitly prohibit post-retirement appointments, there have been calls for a cooling-off period to prevent conflicts of interest. Former CJI R M Lodha recommended a minimum 2-year cooling-off period. Similar cooling-off periods exist for officials in sensitive positions. 

What Can Be Done to Address Judges Taking Post-Retirement Jobs?

• Implement a Cooling-Off Period: As suggested by former CJI R M Lodha, a mandatory cooling-off period should be enforced between a judge’s retirement and eligibility for post-retirement assignments to ensure impartiality.
• Recommendations of Law Commission: The 14th Law Commission Report (1958) recommended ensuring judges' financial security without compromising their independence.
• Enhance Judicial Ethics and Standards: Strengthening ethical guidelines for judges, during and after their tenure, can maintain the judiciary's integrity and impartiality. Judges should prioritize public trust over personal interests.
• Increase Transparency: Greater transparency in the appointment of retired judges to post-retirement positions is needed, including open competition and clear selection criteria.

Conclusion

The resignation of the former Calcutta HC judge to enter politics raises serious ethical concerns about judicial impartiality, independence, conflicts of interest, and public trust. These issues highlight the importance of maintaining ethical standards within the judiciary.