Significant Ethical Concerns: CJI Gavai Expresses Concern Over Judges Accepting Govt Appointments After Retirement

NEW DELHI: Chief Justice of India BR Gavai on Wednesday mentioned that whilst the Collegium gadget isn’t with out complaint, any answers will have to no longer come at the price of judicial independence and judges will have to stay unfastened from exterior regulate.  “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,” mentioned the CJI.

 

CJI additional mentioned the legitimacy and public self belief isn’t secured thru coercion of command however throughout the “credibility earned by the courts”, and any erosion of this self belief dangers weakening the judiciary’s constitutional position as without equal arbiter of rights. “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,” mentioned CJI whilst talking at a roundtable dialogue on the Supreme Court of the United Kingdom.

 

CJI additional expressed worry over judges accepting executive appointments or contesting elections quickly after retirement. He mentioned such practices carry critical “ethical questions” and undermine public self belief within the judiciary. He opined that post-retirement engagements of this nature can create a belief that expectancies of long term political or governmental roles influenced judicial selections.

 

“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. 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.”

 

“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,” mentioned the CJI.

 

CJI Gavai additionally mentioned that he and plenty of of his colleagues have publicly pledged to not settle for any post-retirement roles or positions from the federal government.” “This dedication is an effort to keep the credibility and independence of the judiciary,” the CJI mentioned.

Speaking at the subject “Maintaining Judicial Legitimacy and Public Confidence,” the CJI mentioned each and every gadget, regardless of how powerful, is at risk of skilled misconduct problems.

“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.”

“However, the path to rebuilding this trust lies in the swift, decisive, and transparent action taken to address and resolve these issues. In India, when such instances have come to light, the Supreme Court has consistently taken immediate and appropriate measures to address the misconduct,” he mentioned.

 

CJI mentioned transparency measures, such because the declaration of judges’ belongings, additionally bolster public self belief within the judiciary. “The Supreme Court has itself held that judges, as public functionaries, are accountable to the people. The Court maintains a dedicated portal where judges’ declarations are made public, demonstrating that judges are willing to subject themselves to a degree of scrutiny, similar to other civil functionaries,” he mentioned.

 

The CJI additional mentioned that the Supreme Court of India has additionally initiated live-streaming of its Constitution-bench instances to improve public transparency. “However, as with any powerful tool, live streaming must be wielded with care, as fake news or out-of-context court proceedings can negatively shape public perception. Only last week, one of my colleagues in a lighter vein counselled a junior counsel on the art of court craft and soft skills. Instead, his statement was taken out of context and reported in the media as, “Our ego could be very fragile; if you happen to offend it, your case will pass out,” mentioned the CJI.