"If A Judge Resigns From The Bench To Contest Elections...": CJI BR Gavai

Chief Justice of India B.R. Gavai has raised some serious concerns about the state of the judiciary, stating that instances of corruption and questionable post-retirement choices by judges are shaking the public’s trust in the system.

Speaking at a roundtable discussion in the UK Supreme Court on “Maintaining Judicial Legitimacy and Public Confidence,” CJI Gavai didn’t shy away from acknowledging a hard truth – even the judiciary, an institution that’s meant to uphold justice, isn’t immune to misconduct.

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He said that 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.”

“Sadly, there have been instances of corruption and misconduct that have surfaced even within the judiciary,” he said.

He stressed that the only way to rebuild that lost trust is to take quick, transparent, and meaningful action. “In India, whenever such cases have come to light, the Supreme Court has taken immediate steps to address them,” he added.

His remarks come just days after serious corruption allegations emerged against a sitting judge of the Allahabad High Court, Justice Yashwant Varma, after a huge amount of cash was reportedly found at his official residence in Delhi.

“If A Judge Takes Up Another Appointment With The Government…”

CJI Gavai also spoke about something many people have quietly wondered about: what judges choose to do after retirement.

“If a judge takes up another appointment with the government immediately after retiring, or resigns from he bench to contest elections, it raises significant ethical concerns and incites public scrutiny,” he said.

He pointed out that 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.

To lead by example, the CJI said he and several fellow judges have taken a pledge not to accept post-retirement positions offered by the government.

On Being Transparent 

In a time when the judiciary is under intense public scrutiny, the CJI emphasised the importance of being open and transparent. He mentioned the Supreme Court’s decision to livestream Constitution Bench hearings and the judges’ practice of publicly declaring their assets.

“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 added.

But he also offered a word of caution: “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.”

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Defending the Collegium System

On the contentious issue of how judges are appointed, CJI Gavai defended the collegium system, saying it was introduced to prevent government interference and preserve judicial independence.

Before 1993, the executive had the final say in appointing judges. That led to some troubling moments, like when the most senior judges were bypassed for political reasons, he recalled. “There may be criticisms of collegium system, but any solution must not come at the cost of judicial independence. Judges must be free from external control,” he added.