Measures which can be taken

♤ A more formal and comprehensive Code of Conduct for Judges should be put in place, which is enforceable by law.

♤ The Contempt of Court Act could be amended with following provisions-

o Cases of contempt should not be tried by courts but by an independent commission of concerned district.

o The Act should be amended to remove words, ‘scandalizing the court or lowering the

authority of the court’ from the definition of criminal contempt.

o However, there must be stringent punishment against its misuse on false and malicious allegations made against honest judges.

♤ A two-level judicial discipline model with first level as a disciplinary system that can reprimand, fine or suspend judges for misdemeanors along with providing them some limited measures of immunity; and, second level as a system of removal of judges for serious misconduct, including corruption must be established.

♤ Increasing the transparency in public hearing in the courtrooms- Last year, the Supreme Court approved the live-streaming of court proceedings of cases of constitutional importance. This provision could be extended to the other cases and High Courts also.

♤ Independent judicial Lokpal may be set up with power to take up complaints and initiate action against judges should be set up to ensure accountability of the judiciary. It should be independent from both the judiciary and the government.