Chief Justice of India BR Gavai stressed that though the Collegium system is often criticised, any alternative must protect judicial independence. He firmly stated that judges must always remain free from any kind of outside pressure or influence.
Chief Justice of India BR Gavai emphasized on Wednesday that while the Collegium system faces criticism, any proposed solutions must not compromise judicial independence, insisting that judges should remain free from external influence.
He stated,
“There may be criticisms of the collegium system, but any solution must not come at the cost of judicial independence. Judges must be free from external control.”
CJI Gavai highlighted that public legitimacy and confidence in the judiciary are not achieved through coercive measures but are built through the “credibility earned by the courts.”
He warned that any erosion of this trust could weaken the judiciary’s role as the ultimate protector of rights.
He remarked during a roundtable discussion at the Supreme Court of the United Kingdom,
“Transparency and accountability are democratic virtues. In today’s digital era, where information flows freely and perceptions are rapidly shaped, the judiciary must rise to the challenge of being accessible, intelligible, and answerable, without compromising its independence,”
He also raised concerns about judges who take on government roles or run for political office shortly after retirement, describing such actions as raising important “ethical questions” that can diminish public confidence in the judiciary.
He noted that these post-retirement activities could create a perception that judicial decisions were influenced by potential future government roles.
“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.”
CJI Gavai further shared his commitment, along with many colleagues, to refrain from accepting government roles after retirement.
He stated,
“This commitment is an effort to preserve the credibility and independence of the judiciary,”
Addressing the topic “Maintaining Judicial Legitimacy and Public Confidence,” he acknowledged that every system, no matter how strong, is vulnerable to issues of professional misconduct.
He regretted that corruption and misconduct have occasionally emerged within the judiciary, negatively impacting public trust.
He asserted,
“However, the path to rebuilding this trust lies in the swift, decisive, and transparent action taken to address and resolve these issues. In India, when such instances have come to light, the Supreme Court has consistently taken immediate and appropriate measures to address the misconduct,”
CJI Gavai also mentioned that transparency initiatives, such as the declaration of judges’ assets, enhance public confidence.
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He explained,
“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,”
Additionally, he noted that the Supreme Court of India has initiated live-streaming of its Constitution-bench cases to promote public transparency.
However, he cautioned that this powerful tool must be used carefully, as misinformation or out-of-context court proceedings can distort public perception.
He recalled how one of his colleagues humorously advised a junior counsel on court etiquette, only for the statement to be misreported in the media: “Our ego is very fragile; if you offend it, your case will go out.”
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