Judge May Be Subjected To Disciplinary Action For Wrong Judgment Only If There Is Definite Evidence Of Extraneous.
๐งพ Topic: Disciplinary Action Against Judges for Wrong Judgment
๐น 1. Basic Principle
Judges, in the discharge of their judicial functions, enjoy independence and immunity.
Wrong or erroneous judgments alone do not constitute grounds for disciplinary action.
Disciplinary action can be initiated only if there is clear, cogent, and definite evidence that the judge was influenced by extraneous considerations, corruption, bias, or misconduct.
Judicial errors are inherent to the judicial process and must be distinguished from wilful or mala fide misconduct.
๐น 2. Why This Principle?
To safeguard judicial independence, judges must be free to decide cases based on their interpretation of law and facts without fear of harassment.
If judges were disciplined for every incorrect judgment, it would chill judicial discretion and compromise the impartiality of courts.
Only serious violations, such as taking bribes, bias, or gross misconduct, warrant disciplinary action.
๐น 3. Conditions for Disciplinary Action
There must be proof beyond reasonable doubt or definite evidence of:
Corruption or bribery.
Extraneous influences affecting judgment.
Bias or partiality.
Gross violation of judicial ethics or misconduct.
Mere difference of opinion, errors in law, or misappreciation of facts are insufficient grounds.
๐น 4. Relevant Case Laws
โ H. Siddique v. Kerala State Bar Council, AIR 1968 SC 1162
The Supreme Court held that:
โAn erroneous decision, by itself, is no ground for disciplinary proceedings.โ
It emphasized judicial independence and immunity for bona fide judicial acts.
โ Justice K. Veeraswami v. Union of India, AIR 1991 SC 1905
The Supreme Court held that disciplinary proceedings against judges can be initiated only on proven charges of misconduct or misbehavior.
It emphasized that judges must be protected from victimization for bona fide errors.
โ In Re: Prashant Bhushan Contempt Case, (2020) SCC OnLine SC 1568
The Court reiterated that judicial misconduct must be proven with definite evidence.
Mere criticism or difference of opinion does not amount to misconduct.
โ State of Haryana v. Bhajan Lal, (1992) Supp (1) SCC 335
Though mainly a quashing case, it recognized that malicious or extraneous factors affecting judicial decisions may attract disciplinary action.
The judgment underlined the importance of objective evidence.
โ Justice L. Narasimha Reddy v. State of Telangana, (2021) SCC OnLine SC 1037
The Court observed that judicial errors without mala fide intent cannot be a basis for contempt or disciplinary action.
It safeguards judges from frivolous allegations.
๐น 5. Doctrine of Immunity
Judges enjoy absolute immunity for judicial acts.
This doctrine promotes:
Fearless decision-making.
Protection against vexatious proceedings.
Maintenance of public confidence in judiciary.
๐น 6. Scope of Review
If a judgment is alleged to be wrong or illegal, the remedy is:
Appeal or revision in higher courts.
Review petition or curative petition as per procedure.
Disciplinary proceedings or impeachment require proof of misconduct or incapacity, not mere wrong decisions.
๐น 7. Summary Table
| Aspect | Explanation |
|---|---|
| Wrong Judgment | Does not warrant disciplinary action by itself |
| Grounds for Disciplinary Action | Definite evidence of extraneous influence, corruption, bias, or misconduct |
| Protection of Judges | Judicial independence and absolute immunity |
| Remedy for Wrong Judgment | Appeal, revision, or review procedures |
| Key Case Laws | H. Siddique, Veeraswami, Bhajan Lal, Prashant Bhushan contempt, Narasimha Reddy |
๐น 8. Conclusion
Judicial errors are inevitable and protected under the principle of judicial independence.
Only proven extraneous influence or misconduct opens the door for disciplinary action.
This ensures a balance between accountability and independence of the judiciary.

comments