Wednesday 6 July 2022

Why are Indian Courts not adopting Bangalore Principles of Judicial Conduct?

Why are Indian Judiciary not adopting the Globally accepted "Bangalore Principles of Judicial Conduct"?


The judicial Integrity Group by the UN system was formed to regain the confidence of the people in the judicial system around the world.
The Judicial Integrity Group took two major decisions in its very first meeting.
First, it agreed that the principle of accountability demanded that national judiciaries assume an active role in strengthening judicial integrity by effecting systemic reforms in line with their judiciaries’ competence and capacity. 
Second, it recognized the urgent need for a universally acceptable statement of judicial standards that was consistent with the principle of judicial independence and that could be respected and ultimately enforced by national judiciaries without the intervention of either the executive or legislative branches of Government. 
The participating judges emphasized that, by adopting and enforcing appropriate standards of judicial conduct among its members, the judiciary had the power to take a significant step towards earning and retaining the respect of the community. 
Accordingly, they requested that the codes of judicial conduct adopted in some jurisdictions be analysed and a report be prepared by the coordinator of the Judicial Integrity Group, Nihal Jayawickrama, concerning 
(a) the core considerations that recur in such codes; and 
(b) the optional or additional considerations that occur in some, but not all, such codes and that may or may not be suitable for adoption in specific countries.
According to the President of the UK Supreme Court, the Guide to Judicial Conduct (2019) is necessary because. , Every court should have a Code of Judicial Conduct that sets out the standards of ethical conduct to be expected of the Court. Such a Code serves several purposes. It provides guidance to the members of the Court. It informs those who use the Court of the standards that they can reasonably expect of its judges. It explains to members of the public how judges behave and should help to secure their respect and support for the judiciary.
Not only many countries have adopted the Bangalore Principles, but others have even modelled their own principles of judicial conduct on them. 
International organizations have also looked at them in favour and endorsed them. The United Nations Economic and Social Council, in its resolution 2006/23 of 27 July 2006, invited States Members of the United Nations to encourage their judiciaries, in line with their domestic legal systems, to take into consideration the Bangalore Principles when reviewing or developing rules on the professional and ethical conduct of the members of the judiciary. 
The United Nations Office on Drugs and Crime (UNODC) has actively supported the Bangalore Principles, which have also been recognized by bodies such as the American Bar Association and the International Commission of Jurists. The judges of the member states of the Council of Europe have also given the Bangalore Principles their favourable consideration. The Bangalore Principles and the amended commentary were adopted at those meetings and thereby given increased weight and authority. 
The Bangalore Principles, an instrument that is of immense potential value, not only for the judiciaries of all nations but also for the citizens and public and for all those concerned with laying down a firm foundation for a global judiciary of unimpeachable integrity. 
Every citizen and public representative of India must ask the following:
  • The question is when the Indian judiciary will adopt these guidelines? 
  • How long we will continue to work on outdated 1999 guidelines which have not inspired any confidence in the common people of India. 
  • Why do our law colleges not discuss and teach Bangalore Principles of Judicial Conduct?
The people of India waiting for a reply from the Hon'ble Chief Justice of India.
In democracy and in civilized societies, a judiciary of undisputed integrity is the bedrock of democracy and the rule of law. Even when all other protections fail, the judiciary provides a bulwark to the public against any encroachments on rights and freedoms under the law. These observations apply both domestically—in the context of each nation-State—and globally, for the global judiciary is seen as one great bastion of the rule of law throughout the world. Ensuring the integrity of the global judiciary is thus a task to which much energy, skill and experience must be devoted. How much effort our Judges in Supreme Court and High courts are doing in this direction should be studied by all law colleges and PhD researchers. Parliamentary standing committees must investigate this aspect.

This is precisely what the Judicial Group on Strengthening Judicial Integrity (the Judicial Integrity Group) has sought to do since 2000. The Group commenced as an informal gathering of chief justices and superior court judges from around the world who combined their experience and skill with a sense of dedication to this noble task. Since then, the Group’s work and achievements have grown to a point where they have made a significant impact on the global judicial scene. 

The principles were first worked out only tentatively but have increasingly been accepted over the past few years by the different sectors of the global judiciary and by international agencies interested in the integrity of the judicial process. As a result, the Bangalore Principles of Judicial Conduct are seen more and more as a document which all judiciaries and legal systems can accept unreservedly. 

In short, these principles give expression to the highest traditions relating to the judicial function as visualized in all cultures and legal systems. Reaching agreement on these core principles has been difficult but the Judicial Integrity Group’s unwavering commitment to achieving a result which would command universal acceptance has allowed it to surmount the barriers in its path.

Courts keep asking when India will adopt police reforms, and now people are asking when Courts will adopt the Bangalore Principles of Judicial Conduct?

1 comment:

  1. This is best and more useful balenced for revolution in the Indian judiciary.Trasperency and accountability are the notochord of judiciary

    ReplyDelete

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