Speaking at an annual conference for judicial officers in Gujarat on Saturday (19th Oct), Justice Gavai underlined the importance of a judge’s conduct both on and off the bench aligning with the highest ethical standards.
NEW DELHI: A judge resigning from office to immediately run for elections could impact public confidence in his impartiality, observed Supreme Court Justice B.R. Gavai, emphasizing that judicial ethics and integrity are essential pillars sustaining the legal system’s credibility.
Speaking at an annual conference for judicial officers in Gujarat on Saturday (19th Oct), Justice Gavai underlined the importance of a judge’s conduct both on and off the bench aligning with the highest ethical standards.
“Judicial ethics and integrity serve as essential pillars supporting the credibility of the legal system. A judge’s behavior, both on and off the bench, must align with the highest standards of judicial ethics.”
“Praising politicians or bureaucrats, beyond the bounds of courtesy, while in office, can undermine public trust in the judiciary,” he noted. He further cited an example from the United States, where a Supreme Court judge had to issue an apology for publicly criticizing a presidential candidate.
Justice B.R. Gavai cautioned that a judge resigning to immediately contest elections could affect public perception of his impartiality. He expressed concern about judges making broad statements on sensitive matters such as gender, religion, caste, and politics beyond the scope of specific cases.
Addressing an annual conference for judicial officers in Gujarat on the theme “Trust Deficit – Eroding the Credibility of Judicial Institutions – Ways and Means to Combat the Truth Decay,” Justice Gavai highlighted the critical importance of maintaining public trust in the judiciary.
“A trust deficit in the judiciary poses a serious threat to the foundation of the institution. Maintaining public trust is crucial, as its absence may drive people to pursue justice outside formal legal channels, leading to practices like vigilantism, corruption, and mob justice. Such developments can undermine law and order in society and discourage individuals from filing cases or appealing decisions,”
he stated.
READ ALSO: “Public Trust in the Judiciary: A Pillar of Democracy” – Justice BR Gavai
He warned that a decline in public confidence could drive people to seek justice outside formal judicial processes through vigilantism, corruption, or mob justice, ultimately destabilizing law and order. This erosion of trust could discourage people from filing cases or appealing unfavorable judgments.
Justice Gavai emphasized the importance of judicial independence from the legislative and executive branches, warning that any compromise in the separation of powers erodes public trust in judicial impartiality.
“The judiciary must remain independent from both the executive and legislative branches. Any intrusion on its autonomy whether through political interference, legislative overreach, or executive pressure undermines the very essence of impartial justice,”
he remarked, reminding the audience of the framers’ intent to protect the judiciary from political influence.
He also stressed the need for judges to exercise caution in their public conduct, stating,
“A judge’s behavior, both on and off the bench, must reflect the highest ethical standards.”
Addressing delays in court proceedings as a significant factor in the trust deficit, Justice Gavai reiterated the maxim, “Justice delayed is justice denied,” and spoke about the financial and psychological burden of prolonged litigation on individuals.
He referenced President Droupadi Murmu’s recent comments at the National Conference of the District Judiciary, where she highlighted the issue of “litigation fatigue” and how such delays deter people from pursuing justice.
Justice Gavai also noted that prolonged litigation and slow court procedures foster frustration, diminishing the system’s credibility.
“Delayed justice not only risks unfair trials but also creates perceptions of inefficiency”. He added that delays harm both the wrongly accused, who may languish in prison awaiting trial, and contribute to overcrowded jails.
He further stressed the need for the judiciary to remain independent from the executive and legislative branches, warning that any interference whether political, legislative, or executive would undermine the ideal of impartial justice.
Discussing ways to enhance transparency, Justice Gavai lauded the adoption of video conferencing and live-streaming of constitutional bench proceedings, which offer the public real-time access to trials and judgments. However, he cautioned that out-of-context clips from court proceedings could mislead the public and called for the development of guidelines to prevent misuse of such content.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
