Judges Attending Parties Hosted By Lawyers Is Troubling : Justice A P Shah [Read Speech]

Speaking about 'questionable behaviour' by judges, Justice A P Shah, former Chief Justice of Delhi High Court, cited the instances of judges inviting politicians to attend weddings in judges' families, and judges attending parties hosted by advocates.

"In India, I can think of many instances of questionable behaviour that could be brought under this umbrella of judicial conduct. I have often wondered, for example, about the political class that is invited or attends weddings in judges' families. Indeed, very powerful politicians have been seen at events hosted by the same judges who are handling their cases. Similarly, judges attending parties hosted by lawyers is troubling."

Justice Shah opined that "restrain is essential in these matters".

The UK code of conduct for judges says that it would be less appropriate if judges attend parties of lawyers who are appearing before them or likely to appear before them, he pointed out.

Justice Shah also said that standards were different for judges of higher judiciary and subordinate judiciary. 

"It must be noted that in India, we have different standards for higher and lower court judges. If a lower court judge is seen to be indulging in such social engagements, they stand the risk of disciplinary action, unlike their superiors, who have no such sanctions awaiting them.", he said.

Emphasizing the need for a judicial code of conduct and measures to ensure judicial accountability, Justice Shah said that judges did not have any 'pre-set moral codes embedded in their brains".

"Why are judges reluctant to have a code of conduct? The argument often is that judges have been picked for possessing certain characteristics, and this includes, already knowing how to behave in various circumstances. So there is no need to circumscribe their behaviour further through a code of conduct, and so on. But this is the opposite of the truth, if at all. Judges do not have any pre-set moral codes embedded in their brains that dictate their behaviour the moment they sit on the bench.

Indeed, they are as human as the lawyers, plaintiffs, defendants, criminals, witnesses and police before them.  

"To attribute a greater morality to them merely because of the nature of their office is false and dangerous. They must be constantly reminded of what is appropriate behaviour throughout their career, so that the role that is cast upon them - of administering impartial justice - is never compromised. For that is the only and ultimate goal of the judiciary."

Justice Shah also opined that Vishakha guidelines on the prevention of sexual harassment at work place should be made applicable to the judiciary. 

"The act of judging is an art and a science that must be constantly honed, practiced and improved upon. Unless a judge receives regular constructive feedback on their performance, it is unlikely that they will consciously make efforts to improve. Patterns of behaviour and conduct and performance should inform remedial measures, such as mandatory attendance of training programmes.:, he said while emphasizing the need for a law on judicial accountability.

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