Sri Lanka: India’s Judicial Standards And Accountability Bill, 2012 Is Worthy Of Emulation
Basil Fernando
Safeguarding judicial independence from attacks by the government came to light due to the threats alleged to have been made by Minister of Industries and commerce, Rishard Badurdeen and the attacks on the High Court and Magistrate’s Court of Mannar. That powerful politicians have been attempting to excerpt their influence over the judiciary is a widespread perception that has been seen for several decades now. Concern for the prevention of corruption in the judiciary is a topic that has found expression in many public debates.
Despite of the great public importance of this issue nothing significant has been done to inspire public confidence in the country’s political determination to safeguard the independence of the judiciary. In this regard India, where there was similar public concern, has taken initiatives to bring a law to penalise any form of judicial corruption and to ensure speedy and credible investigations into allegations of corruption. The Judicial Standards and Accountability Bill, 2012 is designed to address this public concern.
The judicial standards to be followed by judges are proposed by Chapter II of this bill.
15 JUDICIAL STANDARDS TO BE FOLLOWED BY JUDGES
3(1) Every Judge shall continue to practice universally accepted values of judicial life Judicial standards – as specified in the Schedule to this Act..
(2) In particular, and without prejudice to the generality of the foregoing provision, no Judge shall—
(a) contest the election to any office of a club, society or other association or hold such elective office except in a society or association connected with the law or any court;
(b) have close association or close social interaction with individual members of the Bar, particularly with those who practice in the same court in which he is a Judge;
(c) permit any member of his immediate family (including spouse, son, daughter, son-in-law or daughter-in-law or any other close relative), who is a member of the Bar, to appear before him or associated in any manner with a cause to be dealt with by him;
(d) permit any member of his family, who is a member of the Bar, to use the 30 residence in which the Judge actually resides or use other facilities provided to the
Judge, for professional work of such member;
(e) hear and decide a matter in which a member of his family, or his close relative or a friend is concerned;
(f) enter into public debate or express his views in public on political matters or on matters which are pending or are likely to arise for judicial determination by him:
(a) contest the election to any office of a club, society or other association or hold such elective office except in a society or association connected with the law or any court;
(b) have close association or close social interaction with individual members of the Bar, particularly with those who practice in the same court in which he is a Judge;
(c) permit any member of his immediate family (including spouse, son, daughter, son-in-law or daughter-in-law or any other close relative), who is a member of the Bar, to appear before him or associated in any manner with a cause to be dealt with by him;
(d) permit any member of his family, who is a member of the Bar, to use the 30 residence in which the Judge actually resides or use other facilities provided to the
Judge, for professional work of such member;
(e) hear and decide a matter in which a member of his family, or his close relative or a friend is concerned;
(f) enter into public debate or express his views in public on political matters or on matters which are pending or are likely to arise for judicial determination by him:
