Judges must shun post-retirement posts to protect judicial integrity: CJI Gavai

In a pointed and powerful address at a judicial roundtable in the UK Supreme Court, Chief Justice of India B R Gavai recently issued a firm caution against the growing trend of judges accepting government roles or venturing into politics post-retirement, warning it threatens the bedrock of judicial independence.

“A judge contesting an election or accepting a government post immediately after stepping down can create the perception of bias and call into question the judiciary’s impartiality,” CJI Gavai said. Such actions, he added, “raise significant ethical concerns and invite public scrutiny.”

Speaking at a roundtable hosted by Lord Reed of Allermuir, President of the UK Supreme Court, the CJI made it unequivocally clear that he has personally resolved not to accept any post-retirement position offered by the government, a move aimed at preserving the credibility and independence of the institution he leads.

“The timing and nature of post-retirement engagements can erode public confidence by suggesting that judicial decisions were swayed by the lure of future positions,” he remarked.

‘Transparency must not cost independence’

In his address, CJI Gavai also touched upon India’s Collegium system of judicial appointments, conceding it has faced criticism but cautioning that any alternative must not compromise the independence of the judiciary. “Judges must be free from external control,” he reiterated.

He acknowledged that instances of corruption and misconduct have emerged even within the judiciary, stating that while they have damaged public trust, the Supreme Court has responded with “swift, decisive, and transparent” actions to restore confidence.

Pledges of accountability

In a strong pitch for transparency, CJI Gavai praised the initiative making Supreme Court judges’ assets declarations public via a dedicated portal. “It’s a significant step to promote accountability and demonstrate ethical leadership,” he said, underscoring that judges, like all public functionaries, are answerable to the people.

He also highlighted the Supreme Court’s decision to live-stream Constitution Bench proceedings, calling it a milestone in public transparency. However, he warned against misrepresentation of courtroom exchanges, citing a recent instance where a casual remark by a judge was twisted into a misleading headline.

‘Judiciary’s legitimacy flows from credibility’

The CJI closed his address with a stark reminder: “Public confidence in the judiciary cannot be commanded—it must be earned.” He stressed that transparency and accountability are essential in the digital age, where perceptions form swiftly and misinformation can harm credibility.

“The judiciary must be accessible, intelligible, and answerable—but never at the cost of its independence,” CJI Gavai concluded.