India's Unity

The parliamentary debate on the Indian Constitution has reignited critical discussions about the country's foundational values, its historical trajectory, and its future direction.

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The judiciary is the cornerstone of India's democratic framework, charged with upholding constitutional values and serving as an impartial arbiter of disputes. Recent developments surrounding allegations against a sitting high court judge underscore the importance of ensuring judicial accountability while preserving the independence of the judiciary. Allegations of hate speech and communal bias attributed to a member of the bench not only question individual conduct but also highlight broader concerns about maintaining the integrity of judicial institutions. At the heart of the issue is the judge's alleged inflammatory speech, which reportedly targeted minority communities and expressed opinions on politically charged matters. Such remarks, if verified, stand in stark contrast to the ethical standards expected of judges.

The Restatement of Values of Judicial Life, a guiding code adopted by the Supreme Court, emphasizes neutrality, restraint, and impartiality in both judicial pronouncements and personal conduct. A deviation from these principles risks eroding public trust, particularly when statements appear to contravene the secular ethos enshrined in the Constitution. The Constitution provides a robust mechanism for addressing judicial misconduct. Under Article 124(4), the removal of a judge involves a parliamentary motion supported by a detailed inquiry. This process, outlined in the Judges (Inquiry) Act, ensures that any action against a judge is grounded in substantiated evidence rather than political motivations. While the current notice by MPs marks the initial step in this process, the journey ahead is fraught with procedural and political challenges. Historically, no judge in India has been impeached, reflecting the gravity and complexity of such proceedings.