Judges must be free from external control: CJI Gavai

NEW DELHI: Chief Justice of India BR Gavai on Wednesday stated that while the Collegium system is not without criticism, any solutions must not come at the cost of judicial independence and judges must remain free from external control.

“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,” said the CJI.

CJI further said the legitimacy and public confidence is not secured through coercion of command but through the “credibility earned by the courts”, and 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,” said CJI while speaking at a roundtable discussion at the Supreme Court of the United Kingdom.

CJI further expressed concern over judges accepting government appointments or contesting elections soon after retirement. He said such practices raise serious “ethical questions” and undermine public confidence in the judiciary.

He opined that post-retirement engagements of this nature can create a perception that expectations of future political or governmental roles influenced judicial decisions.

“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,” said the CJI.
CJI Gavai also said that he and many of his colleagues have publicly pledged not to accept any post-retirement roles or positions from the government. “

“This commitment is an effort to preserve the credibility and independence of the judiciary,” the CJI said.

Speaking on the topic “Maintaining Judicial Legitimacy and Public Confidence,” the CJI said every system, no matter how robust, is susceptible to professional misconduct issues.

“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 said.

CJI said transparency measures, such as the declaration of judges’ assets, also bolster public confidence in 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 said.

The CJI further said that the Supreme Court of India has also initiated live-streaming of its Constitution-bench cases to enhance 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 is very fragile; if you offend it, your case will go out,” said the CJI. (ANI)