‘Have Pledged To Refuse Post-Retirement Govt Appointments’: Chief Justice B.R. Gavai

New Delhi: Chief Justice of India (CJI) B.R. Gavai has expressed concern over judges accepting government appointments, often sinecures or joining politics, sometimes contesting elections soon after retirement. He spoke of how such practices undermine public confidence in the judiciary.

Speaking at a roundtable discussion at the Supreme Court of the United Kingdom, CJI Gavai observed that post-retirement posts that align former judges completely with the government of the day “can create a perception that judicial decisions were influenced by expectations of future political or governmental roles”, LiveLaw reported.

CJI Gavai said:

"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."

CJI Gavai said that he and many of his colleagues have publicly pledged not to accept any post-retirement roles or positions. "This commitment is an effort to preserve the credibility and independence of the judiciary,"the CJI added, speaking on “Maintaining Judicial Legitimacy and Public Confidence”.

A former chief justice, Ranjan Gogoi, now a Rajya Sabha MP, was widely castigated for accepting the Modi government’s offer to take oath as a member of parliament just 16 weeks after retiring as the top judge of the Supreme Court. Before him, the Modi government had appointed another former chief justice as the governor of the state of Kerala soon after assuming power. 

CJI Gavai spoke of how the judiciary must not only dispense justice, but also be seen as an institution that serves to hold truth to power, the LiveLaw report said. Judiciary derives its legitimacy from the public trust, which has to be earned by upholding constitutional values with independence, integrity and impartiality.

While speaking of the judiciary’s process of making independent appointments, he referred to them as crucial to a fundamental constitutional principle of separation of powers. CJI Gavai elaborated upon the collegium system in this context. Accepting that the collegium system has its problems, he was of the view that solutions must not come at the cost 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 said. Whether the judiciary acts as a "counterbalance against the arbitrary exercise of power" he said, is a significant test for public confidence.

The CJI said that judicial decisions must be backed by sound reasoning, as judgments lacking reasoning can lead to the public not understanding issues. He spoke of measures, such as the declaration of judges' assets, being vital to bolster public confidence.

"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."

While citing live streaming of court proceedings a significant move towards more transparency, CJI Gavai said out-of-context reporting of proceedings can distort public perception of what had actually transpired in the courtroom. 

"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 is very fragile; if you offend it, your case will go out.'"

The CJI acknowledged certain instances of judicial misconduct and corruption. He said public trust can be won over again only through swift, decisive and transparent moves. He said that whenever such instances came to light, the Supreme Court has consistently taken immediate and appropriate measures to address the misconduct.

CJI Gavai ended his address saying that public confidence cannot be won by command but only via credibility earned by the courts.

"Any erosion of this confidence risks weakening the judiciary's constitutional role as the ultimate 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."

The Modi government and the judiciary have had an uneasy relationship ever since the Supreme Court struck down the NJAC Law in 2015. 

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