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
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
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?