Outgoing CJI B. R. Gavai challenges the notion that judges demonstrate independence solely by ruling against the government, emphasizing that decisions must be grounded in law and evidence, rather than in opposition to the state. His remarks ignite a nationwide debate on judicial integrity.
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NEW DELHI: On the final day of his tenure as the Chief Justice of India, Justice B. R. Gavai challenged a growing public perception that a judge is considered independent only when verdicts go against the government. Speaking to the media at his official residence, he emphasized that judicial integrity arose from a commitment to the law, not from taking positions based on who appears in court.
Rejecting the popular notion, the CJI remarked that the identity of the litigant cannot dictate a judge’s conclusion. He noted that courts must base decisions solely on legal material and records before them, irrespective of whether the government or a private individual is involved.
“A judge doesn’t become independent simply by ruling against the government. You decide according to the papers on record, not according to who the party is.”
— CJI B. R. Gavai
Justice Gavai also addressed the broader relationship between the judiciary and the executive. While acknowledging occasional differences as natural in a democracy, he cautioned against the idea that constant confrontations strengthen judicial independence.
“The judiciary does not control the purse strings. For infrastructure, we depend on the government. Friction will happen, but continuous friction is unnecessary and creates problems.”
According to him, cooperation between the two institutions has led to smoother judicial appointments during his tenure.
Highlighting one of his major administrative achievements, the outgoing CJI noted that the Centre had processed almost every recommendation sent by the Supreme Court Collegium over the past year. He pointed to the appointment of over a hundred High Court judges and said that special attention was paid to ensuring that younger candidates were selected to enable longer periods of service.
Reflecting on more than 20 years as a judge, Justice Gavai stated that he never experienced pressure from any government, either in the High Court or the Supreme Court. He added that the idea that judicial rulings must automatically oppose state positions to display independence distorts the public understanding of the judiciary.
Justice Gavai also discussed air pollution and the limited impact of judicial directions without strong implementation by state agencies. The CJI pointed out that even during a full ban on firecrackers, violations were openly visible, which showed gaps in enforcement rather than in judicial intent. He expressed concern that pollution control boards lack adequate staffing, and said directions have already been issued to ensure vacancies are filled within a defined time frame.
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