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Tamil Nadu
“A judge should practise a degree of aloofness consistent with dignity of his office” “A judge must not speculate in shares and stocks” MADURAI: Chief Justice of India K.G. Balakrishnan has reminded judges of the Madras High Court of the need to follow universally accepted norms, guidelines and conventions on their conduct. In a letter, the CJI has asked that a copy of the Supreme Court resolution, ‘Restatement of Values of Judicial Life,’ be circulated among all sitting judges as well as to those who assume charge hereafter. The resolution states that judges, either in their official or personal capacity, should not behave or conduct themselves in a manner that might erode people’s faith in the impartiality of the judiciary. They should not contest elections to any office of a club, society or association or hold such elective office except in a society or association connected with law. “Close association with individual members of the Bar, particularly those who practise in the same court, shall be eschewed….A judge should practise a degree of aloofness consistent with the dignity of his office,” the resolution reads. It also stipulates that a judge should not permit any member of his immediate family, such as spouse, son, daughter, son-in-law or daughter-in-law or any other close relative, if a member of the Bar, to appear before him or even be associated in any manner with a cause to be dealt with by him. No member of his family, who is a member of the Bar, shall be permitted to use the residence in which the judge actually resides or other facilities for professional work. A judge shall not hear and decide a matter in which a member of his family, a close relation or a friend is concerned. The resolution goes on to say that a judge shall not enter into a public debate or express his views in public on political matters or on matters that are pending or are likely to arise for judicial determination. He/she is expected to let their judgments speak for themselves and shall not give interview to the media. Judges should not accept gifts or hospitality except from his family, close relations and friends. They shall not hear and decide a matter in which a company in which he holds shares is concerned unless he has disclosed his interest and no objection to his hearing and deciding the matter is raised. A judge must not speculate in shares, stocks and the like. He/she should not engage directly or indirectly in trade or business, either by himself or in association with any other person. Publication of a legal treatise or any activity in the nature of a hobby shall not be construed as trade or business. Judges should neither ask for nor accept contributions or otherwise actively associate themselves with the raising of any fund for any purpose. They should not seek any financial benefit in the form of a perquisite or privilege attached to the office. Any doubt in this behalf must be clarified through the Chief Justice. Every judge must be conscious that he/she is under public gaze and there should be no act or omission by him which is unbecoming of the high office he occupies and the public esteem in which that office is held. These norms are not exhaustive, but only illustrative of what is expected of a judge, the resolution adds.
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