The Judges (Protection) Act, 1985 was enacted to safeguard judges from unnecessary litigation and harassment while performing their judicial duties. Historically, the law emerged due to concerns over increasing frivolous lawsuits and criminal proceedings against judges for acts done in their official capacity, which could undermine judicial independence. The Act provides absolute protection to judges by ensuring that no court can entertain civil or criminal proceedings against them for any act, order, or judgment made in the discharge of their judicial functions, unless done with mala fide intent. It also prohibits the registration of criminal cases or FIRs against judges without prior government sanction, thereby preventing misuse of legal processes. The law reinforces judicial immunity, ensuring that judges can perform their duties without fear of undue pressure or intimidation. Below is the bare act text for reference:
THE JUDGES (PROTECTION) ACT, 1985
An Act to protect Judges and to provide for matters connected therewith.
No court to entertain proceedings against judges – No court shall entertain any civil or criminal case against a judge for any act, thing, or word committed, done, or spoken in judicial proceedings.
Bar on criminal proceedings without sanction – No criminal case shall be registered against a judge for acts performed in their official capacity without prior sanction from the appropriate government.