Solution must not come at the cost of judicial independence: CJI Gavai
Chief Justice of India BR Gavai stated on Wednesday that while the Collegium system is not without criticism, any solution must not come at the cost of judicial independence. "There may be criticisms of the collegium system, but any solution must not come at the cost of judicial independence. Judges must be free from external control," he said. The statement came while he was speaking at a roundtable discussion at the Supreme Court of the United Kingdom.
CJI Gavai also justified the collegium system for appointment of judges in higher judiciary and pointed out that until 1993, it was the executive that had the final say in the appointment of judges. He said that during this period the executive superseded the senior-most judge in appointing CJI, which went against tradition.
Talking about the credibility of courts, the CJI said that the legitimacy and public confidence are secured through the "credibility earned by the courts" and not through coercion of command. Erosion of this confidence risks weakening the judiciary's constitutional role as the ultimate arbiter of rights, he said. He also stated that in today's digital era, where perceptions are rapidly shaped, the judiciary must become 'accessible, intelligible, and answerable, without compromising its independence.'
CJI Gavai also expressed concerns over judges accepting government appointments and contesting elections after retirement, he said that it raises 'ethical questions' and undermines public confidence in the judiciary. Speaking on the topic "Maintaining Judicial Legitimacy and Public Confidence," the CJI said every system, no matter how robust, is susceptible to professional misconduct issues.
The CJI said transparency measures, such as the declaration of judges' assets, also bolster public confidence in the judiciary. Talking about accountability to people, he said that the Supreme Court maintains a portal where judges' declarations are made public, which shows that judges are willing to subject themselves to a degree of scrutiny. Talking about the role of the judiciary in democracy, he said that 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.
With ANI and PTI inputs
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