Inappropriate Observations by Judges during Judicial Proceedings : Issues and Perspectives

Abstract: The paper titled, ‘Inappropriate Observations by Judges during Judicial Proceedings: Issues and Perspectives’ examines various institutional and legal issues arising out of the recent instances of some judges from various High Courts making inappropriate and even intemperate observations against one or other litigants. The Supreme Court of India also had opportunity to examine these issues in a recently delivered judgment in case of Chief Election Commissioner of India (Appellant) Versus M.R Vijayabhaskar & Ors. (Respondents) in Civil Appeal No. 1767 of 2021 (Arising out of SLP (C) No. 6731 of 2021). Various institutional and legal issues arising out of such inappropriate observations by the judges in the course of judicial proceedings, particularly when they are oral, are numerous and complex. The present paper examines them issue-wise and builds up a framework for better jurisprudential understanding and better institutional responses to these instances of inappropriate observations emanating from judges in the course of judicial proceedings.