Credibility of judiciary has to be enhanced: SC judge
New Delhi, May 12 -- Justice Bhushan Ramkrishna Gavai, who will assume office as the 52nd Chief Justice of India (CJI) on May 14, believes the credibility of the judiciary must be "enhanced", particularly in the wake of the episode involving former Delhi high court judge Yashwant Varma. In a candid conversation ahead of his six-month tenure at the helm, the CJI-designate addressed a range of contentious issues - from allegations of nepotism in judicial appointments to attacks on the judiciary from other constitutional authorities - and underlined the need to uphold the dignity of the institution above all else. Referring to the recent terrorist attack in Pahalgam that claimed 26 lives, justice Gavai asserted that the Supreme Court cannot remain a passive bystander in times of national crisis.
"The credibility of the judiciary has to be enhanced. Black sheep are everywhere.We have around 900 judges, but yes, there are issues that need to be addressed because the judiciary is the institution that commands the last hope and faith of the people in the country," he said. On the justice Varma episode, he was clear: "The CJI (Justice Sanjiv Khanna) took immediate steps."
The judiciary has found itself embroiled in a controversy following the recovery of cash from the residence of justice Varma on March 14, while he served as a judge of the Delhi high court.
Justice Gavai, who will serve as CJI until November 23, 2025, was equally firm in his view on post-retirement positions for CJIs. "It has been my consistent view that a CJI should not take up any political assignment. I will not take any post-retirement assignment, including the governor's office or any other political assignment. No CJI should take any office which is below the CJI's office under the office of precedence," he said. In the Order of Precedence maintained by the government, the CJI ranks sixth, placed just after the Prime Minister and just above the Speaker of the Lok Sabha. This high placement reflects the significance and stature of the office.
In a conversation with HT, justice Gavai emphasised that the Supreme Court cannot remain indifferent in moments of national crisis, as he condemned the Pahalgam attack.
"When the country is in danger, the Supreme Court can't be aloof, we are part of the country," said justice Gavai, adding that the court was "stunned" upon hearing of the tragedy.
With CJI Khanna abroad at the time, justice Gavai convened a full court meeting and, with the CJI's permission, the Supreme Court observed two minutes of silence to honour the victims -- a rare gesture. Traditionally, the apex court observes silence only once a year on January 30, to mark Mahatma Gandhi's assassination.
This is the first time in its history that the Supreme Court officially condemned a terrorist attack and held a remembrance ceremony, marking a shift in how the judiciary publicly expresses solidarity in moments of national grief.
Justice Gavai also welcomed the ceasefire declared between India and Pakistan following 'Operation Sindoor', saying war benefits no one. "Yuddh ke kya disasters hain (wars lead to disasters) we have already seen...it's been three years we have been seeing war in Ukraine... over 50 thousand have died... the other conflict in Gaza has seen many more casualties..." said the CJI.
Justice Gavai will be India's first CJI from the Buddhist community and only the second Dalit CJI.
In recent months, tensions have simmered between the judiciary and other branches of government. Vice-president Jagdeep Dhankhar criticised the judiciary for acting as a "super Parliament," while BJP MP Nishikant Dubey recently accused CJI Sanjiv Khanna of fomenting civil war -- remarks that the apex court termed "irresponsible" but did not act upon. Justice Gavai, however, expressed a stronger view.
"May be some other judge would have taken a different view... When dignity of court is concerned, there should be no compromise," he said. Though the BJP distanced itself from Dubey's comment, the incoming CJI believed notice should have been issued.
Reaffirming the judiciary's constitutional place, he said: "Ultimately, what is supreme has already been answered by the apex court in its 13-judge bench decision in the Kesavananda Bharati judgment - the Constitution is supreme. All three wings must perform their functions and discharge their duties within the space and remits allocated to them by the Constitution." He stressed the need for "mutual respect" among constitutional authorities: "The supremacy of the Constitution has to be accepted by everyone."
Justice Gavai pushed back against allegations of nepotism in the higher judiciary, after the statistics released by the Supreme Court recently showed that 14 of 221 high court judges appointed since November 2022 are related to sitting or retired judges.
"There is enough transparency in how the collegium functions. We take everyone on board. Merely because some lawyers elevated happen to be kith and kin of judges, you cannot say there is nepotism. If someone is highly meritorious and happens to be related to a judge, should that person be disqualified? I don't think so," he said....
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