Chief Justice of India BR Gavai has stated that he and his fellow justices have made a public commitment to uphold the public’s confidence in the integrity of the judiciary by refusing to take on government jobs or post-retirement employment.
A judge running for political office right after retirement or resignation could raise questions about the independence and impartiality of the judiciary, Chief Justice Gavai said at a round table in the U.K. Supreme Court, “because it may be seen as a conflict of interest or as an attempt to gain favour with the government.”
“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… 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,” Chief Justice Gavai said during a discussion on ‘Maintaining Judicial Legitimacy and Public Confidence’.
The Chief Justice referred to the striking down of the National Judicial Appointments Commission in 2015 as a counter-action to government’s efforts to dilute judicial independence, saying “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”. “Judiciary acts as a counterbalance against the arbitrary exercise of power… Certain fundamental principles, such as democracy, rule of law, and the separation of powers, are inviolable and cannot be altered,” the CJI said.
Chief Justice Gavai acknowledged the recent instances of judicial corruption, but he stated that “swift, decisive, and transparent action” was the best way to deal with judicial misconduct and restore public confidence. “In India, when such instances have come to light, the Supreme Court has consistently taken immediate and appropriate measures to address the misconduct,” the CJI said even as the Parliament is expected to bring a removal motion against High Court judge, Justice Yashwant Varma.
The Chief Justice also mentioned the Supreme Court judges’ voluntary asset disclosure to encourage greater accountability and moral leadership, live streaming of court proceedings, the National Judicial Data Grid’s real-time case status information, the translation of apex court rulings into regional languages, and the public interest litigation system’s expansion of access to justice for marginalised communities.
The CJI pointed out that Article 32, which ensures every person the fundamental right to petition the Supreme Court, has been called the “soul” and “heart” of the Constitution.
When assessing whether legislation are constitutional, Chief Justice Gavai emphasised the significance of courts having an independent judicial review jurisdiction. A challenge to the waqf legislation modifications is presently before the court. The CJI stated that courts must possess the authority of independent judicial review, which would enable judges to evaluate whether legislation and government activities that contradict the Constitution or established constitutional principles are valid.
