CJI Gavai cautions judges against accepting govt posts, contesting polls

Hindustan Times

3 days ago

Chief Justice of India (CJI) Bhushan R Gavai has sounded a strong note of caution against judges accepting government posts or contesting elections immediately after retirement, warning that such practices raise 'significant ethical concerns' and risk eroding public confidence in the judiciary's independence.
'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,' underlined CJI Gavai, addressing a high-powered roundtable on judicial independence at the Supreme Court of the United Kingdom on Tuesday.
'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,' he added.
According to the CJI: 'The timing and nature of such post-retirement engagements,' he added, '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.'
CJI Gavai emphasised that he and many of his colleagues had 'publicly pledged not to accept any post-retirement roles or positions from the government.' This, he said, was 'an effort to preserve the credibility and independence of the judiciary.'
His remarks come amid long-standing debate over whether judges should be eligible for post-retirement positions -- a concern deepened in recent years by examples of Supreme Court and high court judges taking up roles offered by the executive soon after demitting office.
Justice SA Nazeer, for instance, retired as a Supreme Court judge in January 2023. He was appointed as the governor of Andhra Pradesh, within 40 days of his retirement. Notably, justice Nazeer was part of the five-judge bench that decided the disputed Ram Janmabhoomi case in November 2019 handing over the Ayodhya land to the Hindu party. Justice Nazeer was the lone Muslim face on the Ayodhya bench presided by then chief justice of India (CJI) Ranjan Gogoi.
Justice Gogoi was also nominated to the Rajya Sabha merely four months after retiring as the CJI in November 2019, sparking widespread criticism. Justice Gogoi was the second CJI to become a member of the Upper House. Former CJI Ranganath Misra was nominated to Rajya Sabha by the Congress and served from 1998 to 2004. Former Supreme Court judge Fathima Beevi was appointed Governor of Tamil Nadu from 1997-2001. Former CJI P Sathasivam was also appointed Governor of Kerala from 2014-2019. While Justice K Subba Rao contested the fourth Presidential elections, Justice Mohammad Hidayatullah became Vice President from 1979 to 1984.
Similarly, justice Arun Mishra was appointed chairperson of the National Human Rights Commission within a year of retirement. Similarly, several high court judges have taken gubernatorial or tribunal posts immediately after leaving the bench.
Judicial misconduct:
The CJI also acknowledged a deeper malaise afflicting the judiciary -- instances of corruption and professional misconduct among judges, which he said severely tarnish the institution's legitimacy. 'Sadly, there have been instances of corruption and misconduct that have surfaced even within the judiciary. Such occurrences inevitably have a negative impact on public confidence, potentially eroding faith in the integrity of the system as a whole,' he lamented.
Simultaneously, justice Gavai underscored: 'The path to rebuilding this trust lies in the swift, decisive, and transparent action taken to address and resolve these issues.' He added: 'In India, when such instances have come to light, the Supreme Court has consistently taken immediate and appropriate measures to address the misconduct.'
He further said: '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.'
Though he did not mention any names, CJI Gavai's remarks come in the backdrop of the recent controversy surrounding high court judge Yashwant Varma, who has been indicted by a Supreme Court in-house inquiry panel over unaccounted cash found at his Delhi residence in March. In early May, the then CJI, Sanjiv Khanna initiated the process for the removal of justice Varma by writing to President Droupadi Murmu and Prime Minister Narendra Modi, stating that the allegations of recovery of cash at the judge's residence was serious and warranted initiation of proceedings for his removal. The development has once again placed judicial accountability under the spotlight, fueling calls for clearer standards and greater transparency.
'Legitimacy rooted in integrity':
CJI Gavai's wide-ranging speech examined the core values underpinning judicial legitimacy, contrasting the judiciary's authority, which derives not from the ballot, but from public confidence, with the powers of the executive and legislature.
'In every democracy, the judiciary must not only dispense justice, but also be seen as an institution that deserves to hold truth to power,' said the judge, highlighting that the terms 'judicial legitimacy' and 'public confidence' are interconnected.
He drew on the vision of Dr BR Ambedkar, who had warned during the Constituent Assembly Debates that the judiciary must remain 'independent of the executive' and 'competent in itself.' Article 50 of the Constitution, Gavai noted, mandates the separation of the judiciary from the executive in public services, and mechanisms like fixed retirement ages, financial independence, and the collegium system were designed to uphold this principle.
The CJI also reaffirmed the importance of judicial review and the judiciary's counter-majoritarian role. 'Courts must have the power of independent judicial review,' said justice Gavai, citing some Supreme Court of India's landmark decisions that reinforced the supremacy of constitutional values over political expediency.
The Chief Justice further highlighted recent transparency initiatives by the Supreme Court, such as the live-streaming of Constitution Bench hearings and the public disclosure of judges' assets. 'These are significant steps,' he said, 'to bolster public confidence through transparency. Judges, as public functionaries, are accountable to the people.'
While acknowledging that 'no system is immune to flaws,' he emphasised that 'solutions must never come at the cost of judicial independence.'
'Judges must be free from external control,' maintained the CJI, calling for renewed commitment to reasoned judgments, recusal practices in case of conflicts of interest and ethical leadership from the top.