CJI Bhushan R Gavai. (ANI)
“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,” underlined CJI Gavai, addressing a high-powered roundtable on judicial independence on the Supreme Court of the United Kingdom on Tuesday.
“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,” he stated.
The CJI stated the timing and nature of such post-retirement engagements may undermine the general public’s belief within the judiciary’s integrity. He added that it may create a notion that judicial choices had been influenced by the prospect of future authorities appointments or political involvement.
CJI Gavai emphasised that he and lots of of his colleagues had “publicly pledged not to accept any post-retirement roles or positions from the government.” This, he stated, was “an effort to preserve the credibility and independence of the judiciary.”
His remarks come amid long-standing debate over whether or not judges must be eligible for post-retirement positions, a priority deepened lately by Supreme Court and excessive courtroom judges taking over roles provided by the manager quickly after demitting workplace.
Justice SA Nazeer, who retired as a Supreme Court decide in January 2023, was appointed because the governor of Andhra Pradesh, inside 40 days of his retirement. Justice Nazeer was a part of the five-judge bench that determined the Ram Janmabhoomi case in November 2019, handing over the Ayodhya land to The Hindu occasion. He was the lone Muslim on the Ayodhya bench presided over by then CJI Ranjan Gogoi.
Justice Gogoi was additionally nominated to the Rajya Sabha 4 months after retiring because the CJI in November 2019, sparking widespread criticism. Justice Gogoi was the second CJI to develop into a member of the higher House. Former CJI Ranganath Misra was nominated to the Rajya Sabha by the Congress and served from 1998 to 2004. Former Supreme Court decide Fathima Beevi was appointed governor of Tamil Nadu (1997-2001). Former CJI P Sathasivam was appointed governor of Kerala (2014-2019). While Justice Okay Subba Rao contested the fourth Presidential elections, Justice Mohammad Hidayatullah turned Vice President from 1979 to 1984.
Similarly, Justice Arun Mishra was appointed chairperson of the National Human Rights Commission inside a yr of retirement. Several excessive courtroom judges have taken gubernatorial or tribunal posts instantly after leaving the bench.
Judicial misconduct
The CJI acknowledged a deeper malaise afflicting the judiciary, corruption {and professional} misconduct amongst judges, which he stated severely tarnish the establishment’s legitimacy. “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,” he stated.
Justice Gavai stated that the trail to rebuilding this belief lies within the swift, decisive, and clear motion taken to handle and resolve these points. “In India, when such instances have come to light, the Supreme Court has consistently taken immediate and appropriate measures to address the misconduct,” he stated.
“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.”
The CJI didn’t title anybody. His remarks got here in opposition to the backdrop of the controversy surrounding excessive courtroom decide Yashwant Varma. A Supreme Court inquiry panel indicted Justice Varma over unaccounted money discovered at his Delhi residence in March. In early May, the then CJI, Sanjiv Khanna, initiated the method for Justice Varma’s removing by writing to President Droupadi Murmu and Prime Minister Narendra Modi. Justice Khanna known as the money restoration on the decide’s residence severe, warranting the initiation of proceedings for his removing. The improvement positioned judicial accountability beneath the highlight, fueling requires clearer requirements and higher transparency.
Legitimacy rooted in integrity
CJI Gavai’s speech examined the core values underpinning judicial legitimacy, contrasting the judiciary’s authority, which derives not from the poll however from public confidence, with the powers of the manager and legislature. “In every democracy, the judiciary must not only dispense justice, but also be seen as an institution that deserves to hold truth to power,” he stated, highlighting that the phrases “judicial legitimacy” and “public confidence” are interconnected.
He cited BR Ambedkar’s feedback through the Constituent Assembly debates that the judiciary should stay “independent of the executive” and “competent in itself.” Article 50 of the Constitution, Gavai famous, mandates the separation of the judiciary from the manager in public companies, and mechanisms like mounted retirement ages, monetary independence, and the collegium system had been designed to uphold this precept.
The CJI reaffirmed the significance of judicial assessment and the judiciary’s counter-majoritarian position. “Courts must have the power of independent judicial review,” he stated, citing the Supreme Court’s landmark choices that bolstered the supremacy of constitutional values over political expediency.
The CJI highlighted latest transparency initiatives by the Supreme Court, such because the live-streaming of Constitution Bench hearings and the general public disclosure of judges’ property. “These are significant steps to bolster public confidence through transparency. Judges, as public functionaries, are accountable to the people.”
While acknowledging that “no system is immune to flaws,” he emphasised that “solutions must never come at the cost of judicial independence.”
“Judges must be free from external control,” stated the CJI, calling for renewed dedication to reasoned judgments, recusal practices in case of conflicts of curiosity, and moral management from the highest.
