GS Paper 4
Syllabus: Code of Ethics and Conduct
Source: BBC
Context: The US Supreme Court has released its first-ever code of conduct, comprising nine pages of ethics rules for its justices.
Recent Controversy in the US Justice System:
The need for a code of conduct move comes as the court faces increased scrutiny over recent reports of gifts and holiday arrangements received by some of its jurists. While federal judges in lower courts have had an ethical code since 1973, this marks the first time the Supreme Court has established its own set of rules. Recent opinion surveys indicate that public trust in the Supreme Court is near an all-time low.
What is a Code of Conduct?
A code of conduct is a set of rules outlining the norms, rules, and responsibilities or proper practices of an individual party or an organization. It can be voluntary or non-voluntary.
Major Points of the US Supreme Court Code of Conduct
| Section | Key Points |
| Basis of Ethical Rules | Justices have traditionally followed unwritten ethical rules, but the absence of explicit rules led to misunderstandings. The code outlines rules and principles for justices to follow. |
| Four Main Sections | The code is divided into four main sections, addressing how justices should behave, perform their duties, and conduct themselves in non-judicial and financial activities. |
| Speaking at Outside Events | Justices are advised to consider whether speaking at an outside event would create an appearance of impropriety in the minds of reasonable members of the public. |
| Disqualification from Cases | The code sets out circumstances under which justices should disqualify themselves from participating in a case. This includes instances where a justice has bias or prejudices or a financial interest affected by the case’s outcome. |
Criticisms of Code:
- The code contains no enforcement mechanism, and justices will have to voluntarily adhere to its “rules and principles.”
- Rules are a “half-measure” without a means of ensuring
Recently, there have been calls for the US Congress to pass legislation establishing binding ethical guidelines for the Supreme Court.
Issue of Ethics in Indian Judiciary:
- YouTuber Savukku Shankar was sentenced to six months in prison in 2022 by the Madurai bench of the Madras High Court when he accused Justice GR Swaminathan of being influenced in a case and made general allegations of corruption in the higher judiciary.
- In 2018, four senior-most judges of the Supreme Court held a press conference and raised a banner of revolt against the then Chief Justice of India (CJI)
- Former Chief Justice of India (CJI) Ranjan Gogoiwas nominated to the Rajya Sabha in 2020. The bench headed by him delivered crucial judgments in cases like Ayodhya, Sabarimala, and Rafale
Solution:
- Implement Bangalore principles of judicial conduct (2002): Key points include maintaining independence from improper influences, avoiding conflicts of interest, and upholding the rule of law.
- “Uncle Judges Syndrome”: The Law Commission of India, in its 230th Report, addresses the issue of “Uncle Judges,” stating that individuals with family members practising in a High Court should not be appointed as judges in that same High Court.
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