New Delhi, June 4 -- Chief Justice of India (CJI) BR Gavai is learnt to have voiced serious concerns about judges accepting government appointments or contesting elections soon after retirement, stating that such actions raise ethical questions and erode public confidence in the judiciary. Speaking at a roundtable discussion on "Maintaining Judicial Legitimacy and Public Confidence" at the Supreme Court of the United Kingdom, CJI Gavai reportedly said: "If a judge takes up a government appointment immediately after retirement or resigns to contest elections, it invites public scrutiny and doubts about the judiciary's independence".
He emphasized that such engagements could undermine the judiciary's integrity, as they may suggest decisions were swayed by prospects of post-retirement benefits. To uphold judicial credibility, CJI Gavai and several colleagues have pledged not to accept post-retirement government roles.CJI Gavai underscored the judiciary's role as a pillar of constitutional values, deriving legitimacy from public trust earned through independence, integrity, and impartiality. He defended the collegium system for judicial appointments, acknowledging its criticisms but stressing that any reforms must preserve judicial independence. He also highlighted the judiciary's power of review as a counterbalance to arbitrary governance, essential for public confidence. Transparency measures, such as judges declaring assets on a dedicated Supreme Court portal and livestreaming court proceedings, were cited as steps to bolster trust. However, CJI cautioned against out-of-context reporting of proceedings, which can distort public perception. He cited a recent incident where a judge's light-hearted remark was misrepresented in the media.
Addressing rare instances of judicial misconduct, CJI Gavai noted that the Supreme Court takes swift, transparent action to rebuild trust. He also highlighted efforts to enhance accessibility, including virtual hearings, judgment translations, and public case data.The discussion, moderated by Senior Advocate Gaurab Banerjee, included Supreme Court Judge Justice Vikram Nath, Baroness Carr, and Lord Leggatt.
Published by HT Digital Content Services with permission from Millennium Post.