The code of conduct essentially says a judge, to be effective in his profession, "should conduct himself/herself the same way outside the court as they would in the court". It is based on some vague notion that once you are a judge, you represent law & justice 24x7 and not just during your work hours - because if someone's respect towards you decreases as a person, their respect towards the courts will also decrease.
So while the exact protocols will differ from state to state and even office to office, the broad idea is you have to act like a responsible judge all the time. No fooling around with lawyers in your court, meeting them after work except in an official and transparent setting, or any person/businessman/official which can create a conflict of interest.
Also, "upholding the integrity the court" has also come to mean "abiding by Indian public's moral standards". So, no partying, drinking in public places, moving around in shorts or public display of affection. I know an Addl. District Judge who did not get promoted because he kisses his wife in public.
With respect to social media, there is no absolutely ban (at least in my office and state - West Bengal). But there are too many restrictions which make it not worth it - you can express opinion (includes likes, comments, subscribe) on any public issue or private matter which may come to you for adjudication. Even if one of the parties or lawyer is your Facebook 'friend', the opposing party can move a petition for you to be recused from the case as you have a potential 'conflict'. You can post your own pictures but don't post barebody gym photos, your overweight and unhealthy seniors in the HC and SC may not like it and hence, may not promote you (they won't cite that as the reason, of course but the selection process is too opaque for you to ever figure out why you did not get elevated).
Additionally, if you are being considered for the High Court, there will be IB background checks on you. Your past digital history and activity will be searched. So, anything compromising - including messages on Facebook and Instagram are a strict no no. Your calls and messages are tracked as well. Use Signal or at least WhatsApp for your communication and do not retain chat histories if you type things like "Please get me some maal".
One common workaround that most of us follow for social media is having a pseudonym or a fake profile. Just that may not help with IB checks since it is your device will be tracked.
Replies: 1. Moral policing, definitely. In a system where your elevation is an entirely opaque process driven by opinions held by 60-65 year old men, you will have to inevitably comply with their norms and morals if you want to be in their good books. It may matter a little less if you are okay with retiring as an Addl. District Judge or District Judge. Those promotions are more time-based. 2. How many years of such scrutiny? Your entire career. And the scrutiny does not just come from your seniors, but also your colleagues and lawyers. You post too many #TravelLust photos and the next thing you know someone will move corruption allegations against you. It will take you at least 5 years to prove yourself innocent if departmental proceedings are moved against you. 3. IB Check: For our previous generation, who are currently getting elevated, they did not have a digital life except for the past 10-12 years with the advent of smartphones. Your parents may have done a lot of compromising things in their teenage/younger life which you will never know about because there no proof. For our generation, whose entire life has been digital since childhood, it will get tricky. For god's sake, your every move right from your browsing history to porn searches to every message you've ever written to anyone on Facebook - the digital footprint of that exists. You can try deleting (I have) but it's nearly impossible to completely wipe clean your digital footprint. I just hope that by the time our elevations come up, either the "right to be forgotten" has become a thing in India or the society has become so liberal it doesn't care what its judges do in their personal lives.
But yes, overall it is always advisable to start caring about your digital privacy from right on - the earlier, the better. You can check out this channel if you are interested in that: https://www.youtube.com/channel/UCs6KfncB4OV6Vug4o_bzijg
The background checks are a joke. Many of my batchmates are judges today. While in college, many of them were druggies, womanisers etc. Some of them continue to be womanisers and have porn addiction. It really doesn't matter.
Unless you have something explicit (like a DP having a rolled up joint), you will never get into trouble.
Judges are divine figures for those who are outside the system. If you know them, they are as humans as you and I.
They actively work towards getting panel work for you. They try to get you Commissionerates. If you are a significant other, the brothers and sisters at the bar [itch in too.
2-3 years back i made a new facebook account they asked me to upload a copy of my ID. Not that easy to create a fake profile now like in the good old days. some sites even require your biometrics.
What about kins practising in the same court as the judge? Seen it with the highest judicial officer in the recent past and a related judge in Delhi HC.
So a judge cannot even be friends with advocates or have a girlfriend or even a bare tinder account. And not even allowed to have a social media account?
1. Does IB Check happens at the time of police verification or after joining the service or during elevation to High Court? 2. At which stage IB checks begins? 3. And what is basically checked by IB? 4. On what basis the judgment is made that whether a person is eligible to be elevated? 5. Is the surveillance only for checking corruption and security issues or minute personal details are also tracked?
At the stage of elevation to the HC. They check everything. Someone was not elevated to Delhi HC, allegedly because he is openly homosexual (and has a spouse abroad). It's in the news. The judgement on this is purely subjective (many would call it arbitrary).
Social Media Posts of Judicial Officers are banned by many High Courts. Basically they cant comment or like any social issues or anything else. Maybe except some photos.
Isn't that unfair and a tough restriction on freedom of speech?
For example, Social Media Restrictions and the rule that they can't talk to the media. And also that they can't go for any public events.
Is true or just hearsay?
Are there any written rules? What are the penalties if a judge doesn't observe any of these?
What are the most common restrictions. Can anyone throw some light over it?
For example, Can a sitting judge have a YouTube channel or Facebook Account?
So while the exact protocols will differ from state to state and even office to office, the broad idea is you have to act like a responsible judge all the time. No fooling around with lawyers in your court, meeting them after work except in an official and transparent setting, or any person/businessman/official which can create a conflict of interest.
Also, "upholding the integrity the court" has also come to mean "abiding by Indian public's moral standards". So, no partying, drinking in public places, moving around in shorts or public display of affection. I know an Addl. District Judge who did not get promoted because he kisses his wife in public.
With respect to social media, there is no absolutely ban (at least in my office and state - West Bengal). But there are too many restrictions which make it not worth it - you can express opinion (includes likes, comments, subscribe) on any public issue or private matter which may come to you for adjudication. Even if one of the parties or lawyer is your Facebook 'friend', the opposing party can move a petition for you to be recused from the case as you have a potential 'conflict'. You can post your own pictures but don't post barebody gym photos, your overweight and unhealthy seniors in the HC and SC may not like it and hence, may not promote you (they won't cite that as the reason, of course but the selection process is too opaque for you to ever figure out why you did not get elevated).
Additionally, if you are being considered for the High Court, there will be IB background checks on you. Your past digital history and activity will be searched. So, anything compromising - including messages on Facebook and Instagram are a strict no no. Your calls and messages are tracked as well. Use Signal or at least WhatsApp for your communication and do not retain chat histories if you type things like "Please get me some maal".
One common workaround that most of us follow for social media is having a pseudonym or a fake profile. Just that may not help with IB checks since it is your device will be tracked.
1. Moral policing, definitely. In a system where your elevation is an entirely opaque process driven by opinions held by 60-65 year old men, you will have to inevitably comply with their norms and morals if you want to be in their good books. It may matter a little less if you are okay with retiring as an Addl. District Judge or District Judge. Those promotions are more time-based.
2. How many years of such scrutiny? Your entire career. And the scrutiny does not just come from your seniors, but also your colleagues and lawyers. You post too many #TravelLust photos and the next thing you know someone will move corruption allegations against you. It will take you at least 5 years to prove yourself innocent if departmental proceedings are moved against you.
3. IB Check: For our previous generation, who are currently getting elevated, they did not have a digital life except for the past 10-12 years with the advent of smartphones. Your parents may have done a lot of compromising things in their teenage/younger life which you will never know about because there no proof. For our generation, whose entire life has been digital since childhood, it will get tricky. For god's sake, your every move right from your browsing history to porn searches to every message you've ever written to anyone on Facebook - the digital footprint of that exists. You can try deleting (I have) but it's nearly impossible to completely wipe clean your digital footprint. I just hope that by the time our elevations come up, either the "right to be forgotten" has become a thing in India or the society has become so liberal it doesn't care what its judges do in their personal lives.
But yes, overall it is always advisable to start caring about your digital privacy from right on - the earlier, the better. You can check out this channel if you are interested in that: https://www.youtube.com/channel/UCs6KfncB4OV6Vug4o_bzijg
Unless you have something explicit (like a DP having a rolled up joint), you will never get into trouble.
Judges are divine figures for those who are outside the system. If you know them, they are as humans as you and I.
They actively work towards getting panel work for you. They try to get you Commissionerates. If you are a significant other, the brothers and sisters at the bar [itch in too.
I mean honestly I haven't seen any judges on IG
It would be helpful if you can explain it in detail.
Please don't troll and make it into a Tier 1 Law Firm discussion.
Can anyone share this with thier Judiciary Friends?
Legally India is anonymous. So any judge from 30 states can comment here.
It seems like it's too much restrictions.
3. And what is basically checked by IB?
4. On what basis the judgment is made that whether a person is eligible to be elevated?
5. Is the surveillance only for checking corruption and security issues or minute personal details are also tracked?
They check everything. Someone was not elevated to Delhi HC, allegedly because he is openly homosexual (and has a spouse abroad). It's in the news.
The judgement on this is purely subjective (many would call it arbitrary).
Isn't that unfair and a tough restriction on freedom of speech?