MANDATORY CODE OF CONDUCT FOR HO'NBLE JUDGES OF SUPREME COURT OF INDIA & HIGH COURT

1. ‘FORUM FOR INTEGRITY, TRANSPARENCY & ACCOUNTABILITY IN LEGAL PROFESSION’
( FITALP )
(Established: 28th
Day of September, 2009)
Supreme Court of India Premises, Tilak Marg, New Delhi-110001 (India)
MOST URGENT
Ajay Pratap Sharma
Advocate, Supreme Court of India
President, FITALP
New Delhi
Life Member : Bar Association of India
Senior Member : Delhi High Court Bar Association
Member : Indian Society of International Law
Member : Supreme Court Bar Association
No. FITALP/ 1 March 28, 2017
Hon’ble Mr. Justice JS Khehar,
Chief Justice of India (Administrative Jurisdiction)
Supreme Court of India
New Delhi
Strict Enforcement of - “ RESTATEMENT OF VALUES OF JUDICIAL LIFE (CODE OF
CONDUCT) ADOPTED IN THE CHIEF JUSTICES’ CONFERENCE IN DECEMBER 1999 “
1. The Forum ‘ FORUM FOR INTEGRITY, TRANSPARENCY & ACCOUNTABILITY IN
LEGAL PROFESSION’, which was established on 28.9.2009, stands for Integrity,
Transparency and Accountability in Legal Profession – which includes the Bench & the
Bar both and to fulfill its Aims & Objects, the Forum (‘FITALP‘ ) is persistently from the
year 2009 itself approaching the Hon’ble CJI & other Hon’ble Judges of the Supreme
Court through its letters, indicating important issues which require Immediate attention
and action.
2. That, in the Chief Justices Conference held in the Hon’ble Supreme Court of India in
1999, the Resolution “ RESTATEMENT OF VALUES OF JUDICIAL LIFE (CODE OF
CONDUCT) ADOPTED IN THE CHIEF JUSTICES’ CONFERENCE IN DECEMBER 1999 ”
was adopted with the Object to “..serve as a guide to be Observed by Judges, essential
for an independent, strong and respected Judiciary, indispensible in the impartial
administration of justice..”. The Forum, through its letter dated 6th.
December, 2010,
brought the said Resolution of 1999 in the Notice of Hon’ble CJI & other Hon’ble Judges
of the Supreme Court of India for appreciation and Implementation as it would bring
Transparency, Respectability and Impartiality in the eyes of the ‘ Common Man- WE, The
People of India’. Para 1 to 16 of the said ‘CODE OF CONDUCT of 1999’, are Binding but,
the same are Not being accepted and followed Rigidly and the Forum feels that it may be
the reason that the ‘Common Man- WE, The People of India’ feels that there is lack of
FITALPFITALP

2. Transparency, Respectability and Impartiality. The copy of the aforesaid ‘Code of
Conduct of 1999’ is enclosed for ready reference.
3. In this regard, extracts from Forum’s Circular dated 11.11.2009 - which are relevant, are
reproduced below for information and Appreciation:
“… ……..The ‘Emblem of Blind folded Lady’ indicates, in Unequivocal terms, that Judiciary
is to be Impartial & Blind. Whenever, it is seen that, the Hon’ble Judges or the Presiding
Officers are Freely attending Private Functions of a Group of Advocates, who are
Economically Very Well- Off or who are controlling the Bar Association and on the other
hand, they have No Time to accept the request of Junior or Not so- Economically well Off
Advocates, this gives a Very Shocking Impression and rather demoralization to Common
Poor Litigants and other Advocates. The Common Men are - ‘WE, THE PEOPLE OF INDIA.’
and therefore, Constitutionally their Rightful Feelings cannot be ignored by the ‘Public
Servants’. There are certain Compulsions and Judicial Traditions of maintaining
Aloofness- which is the Golden Principle to Display Impartiality and Inspire Confidence
amongst the Bar and the Litigants. It requires Immediate consideration by the Hon’ble CJI
and Hon’ble Judges of Supreme Court of India and their Decision will have Impact on
whole Judicial System of the Country…..”
4. That, the Forum through their letter dated 30.11.2009 emphasized Rigid Observing of
Rule 6 of the said Code of Conduct that :
“ … (6) A Judge should practice a degree of aloofness consistent with the dignity of his
office “
And further observed that “…The Common Man welcomes the participation of
politicians and even the President of India in common Public functions but, their faith
shatters when they find Hon’ble Judges – who are the Custodian of Justice, freely
Mixing- up with senior Advocates and other persons connected with the
administration of Justice …” And, further accordingly the FORUM through its letters
requested the Hon’ble CJIs and other Hon’ble Judges of Supreme Court of India to
avoid or decline to attend following which Directly Violates Condition 6 of the Code
of Conduct-
1. Eid- Diwali Milan arranged by SCBA
2. Cricket Match arranged by SCBA
3. Lavish Farewell parties in 5- Star hotels arranged by AOR Association
4. Lavish Private Parties arranged by chosen few Advocates Now Especially
when the Collegium of the Supreme Court is Appointiing Judges directly to the
Hon’ble Supreme Court from Advocates practicing in the Supreme Court. The Forum
has full Confidence that the Hon’ble CJI will take note and Discontinue this practice
which directly Violates the Code of Conduct of 1999.
5. Lavish Foreign visits arranged by chosen few Advocates
6. Hospitality of Advocates
5. That, since the Code of Conduct is also applicable on the Hon’ble Chief Justices and
Judges of the High Court therefore, the provisions of the mandatory Code of Conduct
for Judges is also, Violated when openly matches are fixed between the Hon’ble
Judges and members of the Bar in Public Places.
6. That, the Hon’ble CJI is required to decide now, the applicability of Condition 4 and 5
of the Code of Conduct as now, the Advocates of Hon’ble Supreme Court of India are
being elevated Directly to the Apex Court and their Relatives are practicing in the
Hon’ble Supreme Court of India and their relatives are staying with them as there
cannot be Discrimination between Hon’ble Judges of the Supreme Court of India and
the High Court in this regard.
7. That, there is worst example of merging the separate Identity of Hon’ble CJI and Hon’ble
Judges of the Supreme Court of India with the Advocates when a ‘Supreme Court Gender
Sensitization and Internal Complaints Committee’ has been formed. It requires to be

3. Disbanded immediately and a Separate Committee for Hon’ble Supreme Court of India and
a separate committee for Hon’ble Judges need to be formed.
8. On the basis of the above, the Hon’ble CJI will appreciate that the Acceptance and
Strict Observance of the mandatory Code of Conduct - as contained in Para no. 1 to 16 of the
said ‘CODE OF CONDUCT of 1999’ - “ RESTATEMENT OF VALUES OF JUDICIAL LIFE (CODE
OF CONDUCT) ADOPTED IN THE CHIEF JUSTICES’ CONFERENCE IN DECEMBER 1999”, has
become Imperative for bringing Transparency, Respectability and Impartiality in the eyes of
‘Common Man- WE, The People of India’ and therefore, Hon’ble CJI may take necessary steps
immediately as the Forum is confident that the Code of Conduct for Judges can be
Implemented Strictly and Effectively by Hon’ble Mr. Justice JS Khehar, the CJI during his
tenure as the Hon’ble CJI to ensure “..an Independent, Strong and Respected Judiciary,
Indispensible in the Impartial Administration of Justice..”
Encls : As above
(AJAY PRATAP SHARMA)
Copy forwarded to :
1. All Hon’ble Judges of the Supreme Court of India.
2. Secretary General, Supreme Court of India- For Information of Hon’ble CJI & All
Hon’ble Judges of Supreme Court of India.
(AJAY PRATAP SHARMA)