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Time of India
4 days ago
- Politics
- Time of India
Collegium system reforms can't be at cost of judicial independence: CJI
Amid a clamour for legislative revamp of the judges-selecting-judges system, fuelled by Vice-President Jagdeep Dhankhar's statements, CJI B R Gavai has said no reform in the collegium system could be at the "cost of judicial independence" and that judiciary should retain its primacy in appointments to Supreme Court and high courts. At a round-table in UK Supreme Court on Tuesday evening, CJI Gavai said, "There may be criticism of the collegium system, but... judges must be free from external control." CJI said SC had struck down National Judicial Appointments Commission Act in 2015 as the law attempted to dilute judiciary's independence by giving primacy to the executive in court appointments. Unwarranted interference led to collegium system, says CJI Tracing the evolution of the collegium system through two SC judgments in 1993 and 1998, the CJI said the executive had the final say in appointment of judges to Supreme Court and HCs till 1993 and that system saw two senior-most judges of SC getting superseded in the appointment of CJIs (both by the govt headed by Indira Gandhi) in breach of established traditions. He said the collegium system evolved as judiciary's response to the executive's excesses and unwarranted interference in appointments to constitutional courts. As per the two judgments concerned, the collegium was to act in unanimity and its decision was to be final, Justice Gavai said, adding that this "sought to ensure independence of judiciary, reduce executive interference and maintain judiciary's autonomy in its appointments". Quoting B R Ambedkar's words - "our judiciary must both be independent of the executive and must also be competent in itself" - the CJI said the fact that constitutional courts drew salaries from the Consolidated Fund of India made judges independent of the executive. Referring to Kesavananda Bharati judgment of 1973 that propounded the basic structure doctrine by a 13-judge bench through seven to six majority, CJI Gavai said, "This ruling established a significant judicial precedent, affirming that certain fundamental principles, such as democracy, rule of law, and the separation of powers, are inviolable and cannot be altered."
Hindustan Times
12-05-2025
- Politics
- Hindustan Times
Credibility of judiciary has to be enhanced: SC judge
Justice Bhushan Ramkrishna Gavai, who will assume office as the 52nd Chief Justice of India (CJI) on May 14, believes the credibility of the judiciary must be 'enhanced', particularly in the wake of the episode involving former Delhi high court judge Yashwant Varma. In a candid conversation ahead of his six-month tenure at the helm, the CJI-designate addressed a range of contentious issues -- from allegations of nepotism in judicial appointments to attacks on the judiciary from other constitutional authorities -- and underlined the need to uphold the dignity of the institution above all else. Referring to the recent terrorist attack in Pahalgam that claimed 26 lives, justice Gavai asserted that the Supreme Court cannot remain a passive bystander in times of national crisis. 'The credibility of the judiciary has to be enhanced. Black sheep are everywhere…We have around 900 judges, but yes, there are issues that need to be addressed because the judiciary is the institution that commands the last hope and faith of the people in the country,' he said. On the Justice Varma episode, he was clear: 'The CJI (Justice Sanjiv Khanna) took immediate steps.' The judiciary has found itself embroiled in a controversy following the recovery of cash from the residence of justice Varma on March 14, while he served as a judge of the Delhi high court. In the wake of the episode, he was moved back to his parent high court in Allahabad. CJI Khanna last week wrote to the President and Prime Minister for initiating removal proceedings against the judge under the Constitution as justice Varma refused to resign, despite a three-member in-house panel confirming allegations of cash at his residence. Justice Gavai, who will serve as CJI until November 23, 2025, was equally firm in his view on post-retirement positions for CJIs. 'It has been my consistent view that a CJI should not take up any political assignment. I will not take any post-retirement assignment, including the governor's office or any other political assignment. No CJI should take any office which is below the CJI's office under the office of precedence,' he said. In the Order of Precedence maintained by the Government of India, the CJI ranks 6th, placed just after the Prime Minister and just above the Speaker of the Lok Sabha. This high placement reflects the significance and constitutional stature of the office. 'SC can't be aloof when the country is in danger' In a conversation with HT, justice Gavai emphasised that the Supreme Court cannot remain indifferent in moments of national crisis, as he condemned the Pahalgam attack. 'When the country is in danger, the Supreme Court can't be aloof, we are part of the country,' said justice Gavai, adding that the court was 'stunned' upon hearing of the tragedy. With CJI Khanna abroad at the time, justice Gavai convened a full court meeting and, with the CJI's permission, the Supreme Court observed two minutes of silence to honour the victims -- a rare gesture. Traditionally, the apex court observes silence only once a year on January 30, to mark Mahatma Gandhi's assassination. This is the first time in its history that the Supreme Court officially condemned a terrorist attack and held a remembrance ceremony, marking a shift in how the judiciary publicly expresses solidarity in moments of national grief. Justice Gavai also welcomed the ceasefire declared between India and Pakistan following 'Operation Sindoor', saying war benefits no one. 'Yuddh ke kya disasters hain (wars lead to disasters) we have already been three years we have been seeing war in Ukraine... over 50 thousand have died... the other conflict in Gaza has seen many more casualties...' said the CJI, adding: 'As a citizen of the country, everybody is concerned. Whatever happens, happens to everyone... Fortunately, there has been a ceasefire... by 12 tomorrow we will know more.' Justice Gavai will be India's first CJI from the Buddhist community and only the second Dalit CJI. 'Constitution is supreme' In recent months, tensions have simmered between the judiciary and other branches of government. Vice-president Jagdeep Dhankar criticised the judiciary for acting as a 'super Parliament,' while BJP MP Nishikant Dubey recently accused CJI Sanjiv Khanna of fomenting civil war -- remarks that the apex court termed 'irresponsible' but did not act upon. Justice Gavai, however, expressed a stronger view. 'May be some other judge would have taken a different view... When dignity of court is concerned, there should be no compromise,' he said. Though the BJP distanced itself from Dubey's comment, the incoming CJI believed notice should have been issued. Also Read: In big Supreme Court move, judges' asset details, appointment process made public Reaffirming the judiciary's constitutional place, he said: 'Ultimately, what is supreme has already been answered by the apex court in its 13-judge bench decision in the Kesavananda Bharati judgment – the Constitution is supreme. All three wings must perform their functions and discharge their duties within the space and remits allocated to them by the Constitution.' He stressed the need for 'mutual respect' among constitutional authorities: 'The supremacy of the Constitution has to be accepted by everyone.' On judicial appointments and nepotism: Justice Gavai pushed back against allegations of nepotism in the higher judiciary, after the statistics released by the Supreme Court recently showed that 14 of 221 high cCourt judge appointments cleared since November 2022 are related to sitting or retired judges. 'There is enough transparency in how the collegium functions. We take everyone on board. Merely because some lawyers elevated happen to be kith and kin of judges, you cannot say there is nepotism… If someone is highly meritorious and happens to be related to a judge, should that person be disqualified? I don't think so,' he said. While 17 recommendations remain pending with the government, justice Gavai advocated for resolving delays through dialogue. 'The views of the executive cannot be totally ignored. The judiciary and the executive have to come together and try to find a solution.' Tackling pendency and protecting liberties: Among his top priorities, the CJI-designate lists reducing pendency at all levels of the judiciary and strengthening legal aid. 'Pendency is everyone's botheration, and I would like to work on reduction right from the bottom to the Supreme Court,' he said. With over 45 million cases pending in district courts, more than 6 million in high courts, and over 80,000 in the apex court (of which more than 35% are over a year old), the task is monumental. Justice Gavai also signalled intent to address judicial appointments pending with the government: 'On appointments also, I would like to try and resolve those which are pending.' His judicial tenure has seen him take strong positions to protect civil liberties and ensure procedural fairness. From staying Rahul Gandhi's conviction in 2023, to granting bail to activist Teesta Setalvad and NewsClick editor Prabir Purkayastha, his benches have routinely intervened to curb state excess. Most notably, in the so-called 'bulldozer justice' case, his bench laid down guidelines to curb arbitrary demolitions without due process. 'In the Bulldozer judgment, it was necessary to pass such orders. Somebody may think it is overstepping,' he said, citing the Vishaka guidelines as precedent for judicial intervention in legislative vacuum. Transparency, social media scrutiny and merit: Justice Gavai supports public disclosure of judges' assets -- a move recently adopted by the Full Court. 'It is the judiciary which directs Parliamentarians to disclose their assets and criminal antecedents. So, we must do the same.' On the video released by the top court showing cash recovered from Justice Yashwant Varma's residence, Gavai said the release was 'avoidable,' noting that any content released by the apex court is presumed authentic by the public. Asked about social media campaigns and trolling faced by judges, he remained unfazed. 'The social media campaigns and trolls should not bother judges,' he said, but added that 'a judge should exercise a degree of restraint.' As the second CJI from the scheduled caste community, justice Gavai acknowledged the importance of representation but cautioned against tokenism. 'They need to be represented, but you cannot compromise on merit,' he asserted. Looking ahead, he said matters with broad public impact would be prioritised under his leadership. He will begin his term with hearings on petitions challenging the Waqf Amendment Act 2025. 'I would like to take up such matters which benefit large sections of society,' he said.
Hindustan Times
09-05-2025
- Politics
- Hindustan Times
Judge in the dock, process must follow
It is not surprising that the Chief Justice of India (CJI), Sanjiv Khanna, has initiated the process for the removal of Justice Yashwant Varma, a sitting judge at the Allahabad High Court, following the submission of a probe report that confirmed the discovery of a pile of cash at the latter's residence in Delhi on March 14. Justice Varma was posted at the Delhi High Court at the time of the discovery and was later shifted to the Allahabad High Court. Under Justice Khanna, the Supreme Court has been proactive in taking steps to improve transparency and accountability in the functioning of the higher judiciary. It is in Justice Khanna's term as CJI that 21 of the 33 judges of the apex court, including the CJI and three others in line to become CJIs, declared details of their assets on the court website (the others are expected to do so shortly). And, on CJI Khanna's instructions, the Supreme Court recently published details of all 221 persons recommended for appointment as high court judges by the Supreme Court Collegium (SCC) between November 2022 and April 2025, of which 29 are pending approval from the government. Such public disclosure will surely reinforce public trust in the higher judiciary, and address allegations of nepotism in appointments. In Justice Varma's case, the CJI has gone by the book: The judge was transferred to his parent court, not given any judicial work, and a committee of judges was set up to investigate the charges against him. CJI Khanna forwarded the committee's report to Justice Varma, and the latter was given the option to resign from office or seek early retirement. Justice Varma has rejected both the options, leaving the CJI to seek the accused judge's removal from office, which under the provisions of the Constitution (Articles 124 and 218), can be done only on the order of the President of India, which follows the passing of the motion to remove the judge by special majorities in both Houses of Parliament. As is evident, the impeachment process, as the laborious protocol to remove a judge of the constitutional courts is referred to, involves the legislature and the executive, and has been tried only five times in independent India. Any showdown, which is inevitable in the event of an impeachment process as the 1993 Justice Ramaswami impeachment episode revealed, is best avoided: Justice V Ramaswami of the Supreme Court was the first judge to face impeachment proceedings, but the Opposition's motion seeking his ouster was defeated in the Lok Sabha after an extended debate in Parliament. The difference in Justice Varma's case is that the initiative to seek his removal has come from the highest court, a first in India. The case against Justice Varma is seen as a test of the higher judiciary's adherence to the high principles of probity and accountability that it has insisted that all institutions follow. The Indian public views the Supreme Court not merely as the guardian of constitutional rights and freedoms but also as an institution maintaining high standards of probity, and an example for other public institutions. The executive and legislature should now lend their shoulders to the CJI's laudable initiatives to ensure that the higher judiciary remains free of the stain of corruption. Their conduct will be keenly watched. Get 360° coverage—from daily headlines to 100 year archives.
