Misconducting judges

Recently, country witnessed the most unimaginable act of bravado from a sitting judge of a High Court. Recommendation for appointment of 12 judges by the collegium in the Madras High Court was questioned by Advocates and their Writ Petition was being heard by a Bench comprising of Justices V Dhanapalan and K Sasidharan. Justice Karnan, sitting judge of the same court, a man not unknown to controversies, barged into the courtroom and started making allegations in open court expressing his objections to the manner of appointment of those 12 judges. He had many other avenues to channelize his feelings, the avenues well within the four corners of judicial conduct expected from a constitutional functionary. And yet he chose this convenient option of whimsical conduct. Had been a member of subordinate judiciary, he would have been shown the door by now.No action can seemingly be taken against a sitting judge when he decides to barge into court room whilst the proceedings are in force and hurl allegations, other than transferring him to another High Court. And even this form of punishment and its form of implementation will not fail to amuse one for its absurdity. There is a general perception in the judicial community that High Court Benches of North-Eastern States are meant for accommodating such judges, which effectively demean such High Courts. Is such High Courts any inferior, or are those areas any less a part of India? These questions remain yet to be answered.Misconduct of Judges of High Court and Supreme Court is a problem with no tangible solution so far. Lawyers may boycott, the public may protest, vigilante namesake committee could be set, unrealistic impeachment proceedings may be initiated, errant judges may be transferred, and nothing beyond. We have enough provisions for disciplining the subordinate judiciary, the High Court is vested with power of superintendence. On the other hand, no disciplinary action can be taken against the judges of the Supreme Court and High Court.Let us hope that the impending the Judicial Standards and Accountability Bill, 2010 may address many areas of concern. The Constitution provides that judges of the High Courts and Supreme Court can be removed only by Parliament on the basis of a motion in either the Lok Sabha or the Rajya Sabha. The existing procedure for investigation into allegations of misbehaviour or incapacity of Supreme Court and High Court judges is given in the Judges (Inquiry) Act, 1968 The 2010 Bill replaces the Judges (Inquiry) Act, 1968 and avowed objects are (a) create enforceable standards for the conduct of judges of High Courts and the Supreme Court, (b) change the existing mechanism for investigation into allegations of misbehaviour or incapacity of judges of High Courts and the Supreme Court, (c) change the process of removal of judges, (d) enable minor disciplinary measures to be taken against judges, and (e) require the declaration of assets of judges.It is interesting to study the allegations of misconduct of members of the Constitutional Courts. Studying such instances gives an insight into faulty foundation of our judicial system. In an affidavit filed in Supreme Court by Shanti Bhushan, Senior Advocate who was the Union Law Minister in post emergency period, made a shocking allegation that 8 out 16 Chief Justices we had, were corrupt. In the light of such a revelation, there are two possibilities before the Court to salvage the prestige of Indian judiciary, either convict Shanti Bhshan or order investigation against those 8. Both are not happening in reality except a slow moving contempt proceedings. Why so ?The root of the problem lies in selection method of judges. It saddening to see that many judges of our constitutional courts behave without grace and majesty expected from them. There have been incidents of exorbitant display of rage by the judges acting in impulse against the lawyers. It has now become a common feature in Courts to see Judges and Lawyers argue in a heated atmosphere and judges use words not befitting to the seat they occupy.It is difficult to bring in such misconducts within a legislative framework and find solution. We have seen Punjab and Haryana High Court judges taking mass casual leave to protest against it’s then Chief Justice who allegedly withdrew cases from the board of judges without their notice. It may be difficult to decide here, which instance is worse, the CJI arbitrarily withdrawing cases or the judges resorting to such tactics without paying regard to the court decorum. What ultimately matters is the quality of men and women.Recently, a national daily reported habit of late sitting of a sitting Supreme Court judge. Whatever may be the reasons justifications for continued late sitting, judiciary must have a known system to govern and Court hours should not be judge centric. Most often, Rules and discipline are made by judges according to their personal choice and no one can even beg to differ with...

Misconducting judges

Saumya Dev

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