- 06 June, 2025
New Delhi, 5 June, 2025: Chief Justice of India (CJI) B R Gavai, speaking at a roundtable at the UK Supreme Court hosted by Lord Reed of Allermuir, President of the UK Supreme Court, stated that judges taking up government appointments “immediately after retirement” or resigning to contest elections “raises significant ethical concerns and invites public scrutiny”.
Defending the Collegium System
CJI Gavai explained the evolution of the Collegium system for appointing judges to constitutional courts. While admitting that “there may be criticism of the Collegium system”, he asserted that “any solution must not come at the cost of judicial independence”. He emphasised that “judges must be free from external control”.
Ethical Concerns Around Post-Retirement Roles
The Chief Justice expressed concern over judges accepting post-retirement jobs. “If a judge takes up another appointment with the government immediately after retirement, or resigns from the bench to contest elections, it raises significant ethical concerns and invites public scrutiny,” he said.
He further stated, “A judge contesting an election for a political office can lead to doubts regarding the independence and impartiality of the judiciary, as it may be seen as a conflict of interest or as an attempt to gain favour with the government”.
According to him, “The timing and nature of such post-retirement engagements could undermine the public’s trust in the judiciary’s integrity, as it could create a perception that judicial decisions were influenced by the prospect of future government appointments or political involvement”.
A Public Commitment
“In light of this, many of my colleagues and I have publicly pledged not to accept any post-retirement roles or positions from the government. This commitment is an effort to preserve the credibility and independence of the judiciary,” he said.
Addressing Corruption Within
The CJI acknowledged, “There have been instances of corruption and misconduct that have surfaced even within the judiciary,” and noted that “such occurrences inevitably have a negative impact on public confidence, potentially eroding faith in the integrity of the system as a whole”.
He stressed that rebuilding this trust depends on swift and transparent action. “The path to rebuilding this trust… however… lies in the swift, decisive, and transparent action taken to address and resolve these issues,” he said. “In India, when such instances have come to light, the Supreme Court has consistently taken immediate and appropriate measures to address the misconduct”.
Promoting Transparency
He praised the disclosure of judges’ assets as a move to strengthen public trust. Describing it as a “significant step to bolster public confidence through transparency… promoting greater accountability and setting an example of ethical leadership”, he highlighted the Supreme Court’s portal where such declarations are made public.
He added, “The Supreme Court has itself held that judges, as public functionaries, are accountable to the people,” and pointed out that the public declarations show judges “are willing to subject themselves to a degree of scrutiny, similar to other civil functionaries”.
Live Streaming and Media Misrepresentation
CJI Gavai also addressed the live-streaming of Constitution-bench cases, calling it a means to “enhance public transparency”. However, he warned about the risks of misreporting. “As with any powerful tool, live streaming must be wielded with care, as fake news or out-of-context court proceedings can negatively shape public perception,” he said.
He cited a recent example: “Only last week, one of my colleagues, in a lighter vein, counselled a junior counsel on the art of court craft and soft skills. Instead, his statement was taken out of context and reported in the media as, ‘Our ego is very fragile; if you offend it, your case will go out’”.
Credibility Over Command
“I would like to say that legitimacy and public confidence is not secured through coercion of command but through the credibility earned by the courts,” he said. He warned that any erosion of this confidence “risks weakening the judiciary’s constitutional role as the ultimate arbiter of rights”.
He concluded by stating, “Transparency and accountability are democratic virtues. In today’s digital era, where information flows freely and perceptions are rapidly shaped, the judiciary must rise to the challenge of being accessible, intelligible, and answerable, without compromising its independence”.
Source: Indian Express
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