CJI Gavai cautioned that judges accepting government posts or contesting elections soon after retirement “raises ethical concerns and invites public scrutiny,” stressing the need to protect judicial independence and maintain public trust in the justice system.
Chief Justice of India (CJI) Bhushan R. Gavai has issued a warning regarding the acceptance of government positions or participation in elections by judges immediately after retirement. He expressed that such actions raise “important ethical concerns” and could undermine public trust in the judiciary’s independence.
CJI Gavai remarked,
“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.”
He made these comments during a high-profile roundtable on judicial independence at the Supreme Court of the United Kingdom.
He emphasized that judges running for political office can generate doubts about the judiciary’s impartiality, potentially being perceived as a conflict of interest or an attempt to gain favor with the government.
The CJI noted that the nature and timing of such engagements could damage public confidence in the judiciary’s integrity, suggesting that it might appear that judicial decisions could be swayed by the chance of future government roles or political involvement.
CJI Gavai stated that “he and many of his colleagues have publicly pledged not to accept any post-retirement roles or positions from the government, aiming to protect the credibility and independence of the judiciary.“
His remarks come amid an ongoing debate about the appropriateness of judges taking post-retirement positions, particularly as several judges have accepted roles from the executive shortly after leaving the bench.
For instance, Justice S.A. Nazeer was appointed governor of Andhra Pradesh just 40 days after his retirement, having been part of the five-judge bench that ruled on the Ram Janmabhoomi case.
Justice Ranjan Gogoi, after retiring as CJI, was nominated to the Rajya Sabha within four months, which drew considerable criticism. Historical precedents include former CJI Ranganath Misra and Justice Fathima Beevi, both of whom took on significant political roles post-retirement.
CJI Gavai also acknowledged a troubling issue within the judiciary: instances of corruption and professional misconduct among judges, which he stated could severely impact the system’s legitimacy.
Emphasizing that these occurrences can erode public confidence, He remarked,
“Sadly, there have been instances of corruption and misconduct that have surfaced even within the judiciary,”
He insisted that restoring trust requires prompt, decisive, and transparent measures to address these issues. The Supreme Court has historically acted swiftly when misconduct has been revealed, according to him.
In today’s digital age, the judiciary must remain accessible and accountable while maintaining its independence, CJI Gavai said,
“Transparency and accountability are democratic virtues,”
His comments come in light of the controversy surrounding Justice Yashwant Varma, who was implicated in a case involving unaccounted cash found at his residence.
The then CJI, Sanjiv Khanna, moved to initiate Justice Varma’s removal, highlighting the need for greater standards and transparency within judicial accountability.
CJI Gavai’s address explored the foundational values of judicial legitimacy, contrasting the authority of the judiciary, which relies on public confidence rather than electoral support, with that of the executive and legislature. He highlighted that the judiciary must not only deliver justice but also be viewed as a body that holds power accountable.
He referred to B.R. Ambedkar’s remarks during the Constituent Assembly debates about the judiciary’s independence from the executive and its inherent competence.
CJI Gavai pointed out that Article 50 of the Constitution mandates the separation of the judiciary from the executive in public services and highlighted mechanisms such as fixed retirement ages and the collegium system, which were established to uphold this principle.
He reaffirmed the necessity of judicial review and the judiciary’s counter-majoritarian role, citing landmark Supreme Court decisions that emphasize constitutional values over political convenience.
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The CJI also noted recent transparency efforts, including live-streaming Constitution Bench hearings and public disclosures of judges’ assets, as vital steps to enhance public confidence.
While acknowledging that “no system is immune to flaws,” he asserted that “solutions must never come at the cost of judicial independence.”
He called for judges to remain free from external pressures, advocating for well-reasoned judgments, appropriate recusal practices in cases of conflicts of interest, and ethical leadership at all levels.
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