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Context:

The religious remarks made by Allahabad High Court judge Justice Shekhar Kumar Yadav at an event hosted by the legal cell on the High Court premises generated widespread protest.

Principles Governing Judicial Conduct

According to the Restatement of Values of Judicial Life (1997), judges must act impartially and avoid any behaviour that could undermine public trust in the judiciary. It requires judges to uphold the integrity and dignity of their positions, both in their official and personal capacities.

Bangalore Principles of Judicial Conduct, 2002 emphasizes that judges must act with dignity, impartiality, and independence. It also emphasizes the importance of respecting societal differences.

UN Basic Principles on Judicial Independence (1985) ensure that justice is upheld, and judges act without discrimination, while also protecting human rights and promoting judicial independence.

Justice Yadav's polarizing remarks violate the ethical guidelines and compromise the judicial impartiality.

Impeachment of a Judge

The Constitution allows for the removal of judges based on "proven misbehaviour or incapacity." Parliament passes a motion with a special majority. The procedure is outlined in the Judges Inquiry Act, 1968, and includes:

A complaint being submitted to the President, the Chief Justice of India (CJI), or the Chief Justice of the High Court.
A fact-finding committee of senior judges investigating the allegations.
If the allegations are serious, the CJI can recommend voluntary retirement for the judge, or if refused, the matter may progress to impeachment by Parliament.

Way Forward

The Justice Yadav case highlights the importance of judges to follow the ethical codes that protect the judiciary's integrity. It also highlights the importance of the judiciary being mindful of its public image, especially in a diverse

country like India.

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Source:

The Hindu