Post-Retirement Government Posts Undermine Judicial Integrity: CJI Gavai

Chief Justice of India (CJI) BR Gavai has voiced strong reservations against judges accepting government appointments or entering electoral politics soon after retirement, warning that such practices could erode public trust in the judiciary and raise grave ethical concerns.

Delivering a keynote address at a roundtable discussion on “Maintaining Judicial Legitimacy and Public Confidence” at the Supreme Court of the United Kingdom, CJI Gavai stressed the need for judges to preserve their independence both during and after their tenure.

“If a judge takes up another appointment with the government immediately after retirement, or resigns from the bench to contest elections, it raises significant ethical concerns and invites public scrutiny. A judge contesting an election for a political office can lead to doubts regarding the independence and impartiality of the judiciary, as it may be seen as a conflict of interest or as an attempt to gain favour with the government. The timing and nature of such post-retirement engagements could undermine the public's trust in the judiciary's integrity, as it could create a perception that judicial decisions were influenced by the prospect of future government appointments or political involvement,” CJI Gavai remarked.

In light of such apprehensions, he stated that he, along with many of his colleagues, has taken a public pledge not to accept any post-retirement positions from the government. “This commitment is an effort to preserve the credibility and independence of the judiciary,” he added.

Reaffirming the foundational role of public trust in the judiciary, CJI Gavai emphasized that the institution must not only deliver justice but also be perceived as one that speaks truth to power. He said that the judiciary draws its legitimacy from this trust, which in turn stems from adherence to constitutional values, integrity, impartiality, and independence.

Touching upon the doctrine of separation of powers as outlined in Article 50 of the Indian Constitution, the CJI underlined the importance of an independent appointment process in maintaining judicial credibility. He spoke in detail about the collegium system, acknowledging existing criticisms but cautioning against reforms that could compromise judicial autonomy.

CJI Gavai also highlighted the judiciary’s role as a counterweight to arbitrary power, reiterating that the power of judicial review is vital in sustaining democratic checks and balances. He said that clarity in judicial reasoning is essential to ensure that decisions are understood and respected by the public.

Underscoring the significance of transparency, CJI pointed to existing measures such as asset disclosures by judges and the availability of such data on a public portal. “The Supreme Court has itself held that judges, as public functionaries, are accountable to the people. The Court maintains a dedicated portal where judges' declarations are made public, demonstrating that judges are willing to subject themselves to a degree of scrutiny, similar to other civil functionaries,” he noted.

However, he also cautioned against the misuse of transparency tools, particularly the misreporting of court proceedings. While lauding the livestreaming of hearings as a positive step, he flagged concerns over the selective and out-of-context portrayal of courtroom discussions, which can mislead public opinion.

Admitting that incidents of judicial misconduct and corruption have occurred, CJI Gavai maintained that restoring faith in the judiciary in such instances requires swift and transparent corrective action. He assured that the apex court has consistently acted decisively when such matters have surfaced.

CJI Gavai also highlighted initiatives aimed at enhancing accessibility, such as virtual hearings, regional language translations of judgments, and the publication of case disposal data on the National Judicial Data Grid (NJDG).

He concluded by stating that judicial legitimacy cannot be imposed but must be earned. “Legitimacy and public confidence are not secured through coercion of command but through the credibility earned by the courts,” he said.

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