Solution should not come at the price of judicial independence: CJI Gavai

Jun 05, 2025 03:31 PM IST

CJI BR Gavai talked concerning the credibility of courts and mentioned that the legitimacy and public confidence is secured by means of “credibility earned by the courts.”

Chief Justice of India BR Gavai said on Wednesday that whereas the Collegium system shouldn’t be with out criticism, any answer should not come at the price 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 mentioned. The assertion got here whereas he was talking at a roundtable dialogue on the Supreme Court of the United Kingdom.

CJI BR Gavai additionally expressed considerations over judges accepting authorities appointments and contesting elections after retirement.(ANI File Photo)

CJI Gavai additionally justified the collegium system for appointment of judges in larger judiciary and identified that till 1993, it was the manager that had the ultimate say within the appointment of judges. He mentioned that in this era the manager outdated the senior-most decide in appointing CJI, which went towards custom.

Talking concerning the credibility of courts, the CJI mentioned that the legitimacy and public confidence are secured by means of the “credibility earned by the courts” and never by means of coercion of command. Erosion of this confidence dangers weakening the judiciary’s constitutional position as the last word arbiter of rights, he mentioned. He additionally said that in as we speak’s digital period, the place perceptions are quickly formed, the judiciary should turn into “accessible, intelligible, and answerable, without compromising its independence.”

CJI Gavai additionally expressed considerations over judges accepting authorities appointments and contesting elections after retirement, he mentioned that it raises “ethical questions” and undermines public confidence within the judiciary. Speaking on the subject “Maintaining Judicial Legitimacy and Public Confidence,” the CJI mentioned each system, regardless of how sturdy, is inclined to skilled misconduct points.

The CJI mentioned transparency measures, such because the declaration of judges’ property, additionally bolster public confidence within the judiciary. Talking about accountability to folks, he mentioned that the Supreme Court maintains a portal the place judges’ declarations are made public, which exhibits that judges are prepared to topic themselves to a level of scrutiny. Talking concerning the position of the judiciary in democracy, he mentioned that the judiciary should not solely dispense justice, but in addition be seen as an establishment that deserves to carry fact to energy and the phrases “judicial legitimacy” and “public confidence” are interconnected.

With ANI and PTI inputs