CJI Gavai Flags Concerns Over Post-Retirement Jobs Taken By Judges: 'I Pledged Not To Accept...'

News18

2 days ago

Last Updated:
The CJI's remarks come in the backdrop of Justice Yashwant Varma facing allegations of corruption after the discovery of a large amount of cash from his official residence in Delhi
Chief Justice of India B R Gavai has said instances of corruption and misconduct in the judiciary have a negative impact on public confidence. The CJI also raised 'ethical concerns" while she was speaking about post-retirement jobs taken by judges.
The CJI's remarks come in the backdrop of Allahabad High Court's Justice Yashwant Varma facing allegations of corruption after the discovery of a large amount of cash from his official residence in Delhi.
Speaking at a roundtable conference in the Supreme Court of the United Kingdom on 'Maintaining Judicial Legitimacy and Public Confidence", the CJI said whenever these instances of corruption and misconduct have come to light, the Supreme Court has consistently taken immediate and appropriate measures to address the misconduct.
CJI Gavai said in every democracy, the judiciary must not only dispense justice, but also be seen as an institution that deserves to hold truth to power and the terms 'judicial legitimacy" and 'public confidence" are interconnected.
'Legitimacy and public confidence are not secured through coercion of command but through the credibility earned by courts. Any erosion of this confidence risks weakening the judiciary's constitutional role as the ultimate arbiter of rights. Transparency and accountability are democratic virtues," CJI Gavai said.
Dealing with the often debated issue of post-retirement jobs taken by judges, he said 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.
'Another point of discussion is post-retirement jobs taken by judges. In India, judges are subject to a fixed retirement age. 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.
The CJI said 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".
'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," CJI Gavai said.
Last year, Abhijit Gangopadhyay, who resigned as a judge of the Calcutta High Court, joined the BJP ahead of the Lok Sabha election. He secured victory from the Tamluk seat in West Bengal.
Three months after he retired as Madhya Pradesh High Court judge, Rohit Arya had officially joined the BJP.
Corruption Allegations Against Justice Varma
A fire incident at Justice Varma's residence in the national capital in March, when he was a judge at the Delhi High Court, had led to the discovery of several burnt sacks of cash at the outhouse. Though the judge claimed ignorance about the cash, the Supreme Court-appointed committee indicted him after speaking to a number of witnesses and recording his statement. The then CJI Khanna is believed to have prodded him to resign but Justice Varma dug in his heels. The apex court has since transferred him to his parent cadre, the Allahabad High Court, where he has not been assigned any judicial work.
Justice Khanna had written to the president and the prime minister, recommending the impeachment motion, which is the procedure for axing members of the higher judiciary from service.
Meanwhile, Union Parliamentary Affairs Minister Kiren Rijiju has said that the government is determined to take all political parties on board in moving an impeachment motion against Justice Yashwant Varma, saying corruption in the judiciary cannot be approached through a 'political prism".
He said the government wants the exercise aimed at axing Justice Varma, embroiled in a case of alleged corruption and indicted by a Supreme Court-appointed committee, a 'collaborative effort".
First Published:
June 04, 2025, 22:14 IST