New Delhi: Chief Justice of India (CJI) BR Gavai raised serious ethical concerns over judges accepting government positions or contesting elections immediately after retirement, stating that such practices undermine public trust in the judiciary’s independence. Speaking at a roundtable on “Maintaining Judicial Legitimacy and Public Confidence” at the Supreme Court of the United Kingdom, CJI Gavai made a strong case for preserving judicial neutrality even after judges demit office.
“A judge accepting a government appointment right after retirement, or resigning from the bench to enter politics, sends a troubling message,” CJI Gavai said, as quoted by Live Law. “Such actions raise legitimate concerns about whether judicial decisions were influenced by future career prospects in government or politics,” he said further. He stated that this perception, even if unfounded, can damage public confidence in the impartiality of the judiciary.
In response to these concerns, CJI Gavai revealed that he and several of his fellow judges have publicly committed not to accept any post-retirement positions offered by the government. “This pledge is aimed at reinforcing the judiciary’s independence and safeguarding its credibility,” he said.
CJI Gavai also addressed broader themes related to judicial legitimacy, noting that the judiciary must not only be fair but also be seen to be free from external influences. He spoke of the constitutional separation of powers under Article 50 and highlighted the need for an independent judicial appointment process. He acknowledged criticism of the collegium system but insisted that any reform must not dilute judicial autonomy.
He also stressed the importance of reasoned judgments in fostering public understanding and trust. “Decisions lacking coherent reasoning alienate the public and reduce confidence in the judicial process,” he noted.
Touching upon transparency, the CJI pointed to ongoing initiatives like the public declaration of judges' assets, virtual court hearings, regional language translations of judgments, and data publication via the National Judicial Data Grid (NJDG). These measures, he said, are aimed at making courts more open and accessible.
CJI Warns Again Misuse Of Digitisation
However, the CJI warned against the misuse of tools like live-streaming, citing a recent incident where a judge’s informal remark was misreported, distorting the court’s image. “In the digital age, transparency must be balanced with responsibility,” he said.
CJI Gavai concluded by stressing that judicial legitimacy cannot be commanded but must be earned. “Public confidence is the foundation of judicial authority. Any erosion of this trust threatens the judiciary’s constitutional role as the guardian of rights and liberties.”
The discussion also featured Justice Vikram Nath, Lady Chief Justice of England and Wales Baroness Carr, and Lord Leggatt, with Senior Advocate Gaurab Banerjee moderating.
