Judicial Conduct

A Rethinking in Creating Public Confidence

Abstract

The very edifice of Indian democracy is judiciary. The subordinate judiciary is said to be the kingpin in the hierarchical system of administration of justice. The role of the judges and their judicial integrity has to be displayed magnanimously. Any conduct of judge is under the radar of public scrutiny. So, confidence building is a continuing effort and a most important driving force. Refinement of the judicial conduct is necessitated in order to promote the trust of the public in the judicial system. The regulation of the judicial conduct is required to accomplish the values and virtues of the judges. The “Bangalore Principles of Judicial Conduct” intends to conceive the ethical standards for the judges. The expectation from a judge is of being independent, impartial, having integrity and creating confidence in the public. The morality and integrity of the judiciary is of utmost importance in any modern democratic society. A Judge shall exercise competence and diligence in performance of the judicial office. A judge is predictable self-restrictions and the conduct shall be consistent with the dignity of the judicial office. Judiciary shall bear the prime responsibility for the promotion and maintenance of highest standards of judicial conduct. Judge should never allow private interest or interest of the family members to override the prestige of the judicial office. Lack of integrity and character of the judge will affect or agitate the confidence of the litigating public. A greater responsibility is imposed on the trial court judge, who will have day-to-day contact with the litigant during the court proceedings. This responsibility is to build an atmosphere of trust amongst all the stakeholders in the judicial system. The author in this paper examines the important elements required for the enhancement of the public trust in the judicial system and the judicial response in upholding the ethical values.