Summary of The Bangalore principles of judicial conduct

The Bangalore Principles are a set of standards designed to guide judges and provide a framework for regulating judicial conduct.

The Six Core Values

1. Independence

Principle: Judicial independence is essential for the rule of law and a fair trial.

Key Applications:

• Judges must decide cases based on the facts and law, free from any external influences, pressures, or threats.
• They must be independent from society at large, the specific parties to a dispute, and the executive/legislative branches of government (and must appear to be so).
• Judges are independent from their colleagues in their decision-making.
• They must uphold and promote safeguards for the institutional and operational independence of the judiciary.

2. Impartiality

Principle: Impartiality is essential to the proper discharge of judicial office, applying to both the decision and the process.

Key Applications:

• Judges must perform their duties without favour, bias, or prejudice, both in and out of court.
• They must minimise situations that could lead to their disqualification.
• A judge must disqualify themselves if they cannot decide a matter impartially, or if it would appear to a reasonable observer that they cannot. This includes instances of personal bias, prior involvement as a lawyer, or family economic interest in the case.

3. Integrity

Principle: Integrity is essential to the proper discharge of judicial office.

Key Applications:

• A judge’s conduct must be above reproach in the view of a reasonable observer.
• Justice must not only be done, but must also be seen to be done.

4. Propriety

Principle: Propriety and the appearance of propriety are essential in all of a judge’s activities.

Key Applications:

• Judges must avoid impropriety and its appearance in all activities.
• They must accept personal restrictions that come with public scrutiny and conduct themselves with dignity.
• Judges must avoid situations that create an appearance of favouritism, and cannot use the prestige of their office for private gain.
• Confidential information acquired in a judicial capacity cannot be used for other purposes.
• While they can engage in activities like teaching or serving on official bodies, it must not detract from their judicial dignity or duties.
• They cannot practice law, and must ensure they and their family do not accept gifts or favours related to their judicial duties.

5. Equality

Principle: Ensuring equality of treatment for all before the courts is essential.

Key Applications:

• Judges must be aware of and understand diversity in society.
• They must not manifest bias or prejudice towards anyone based on “irrelevant grounds” (e.g., race, colour, sex, religion, caste, sexual orientation).
• This duty extends to ensuring court staff and lawyers in their court also refrain from such behaviour.

6. Competence and Diligence

Principle: Competence and diligence are prerequisites to the due performance of judicial office.

Key Applications:

• Judicial duties take precedence over all other activities.
• Judges must take reasonable steps to maintain and enhance their knowledge, skills, and keep informed about relevant developments in international law.
• They must perform all duties efficiently, fairly, and with reasonable promptness.
• Judges must maintain order and decorum, and be patient, dignified, and courteous to all involved in proceedings.