CJI Gavai voices concern over post-retirement appointments of judges

Chief Justice of India B R Gavai has raised serious concerns about the growing trend of judges accepting government positions or entering politics soon after retirement, a practice that, according to him, risks eroding public trust in the judiciary.

According to a legal news portal, the CJI made these remarks during a roundtable discussion held at the Supreme Court of the United Kingdom, where he addressed the issue of preserving judicial legitimacy and public confidence.

CJI Gavai reportedly noted that appointments offered to retired judges by the government, especially those perceived as politically aligned or ceremonial, can cast doubts on the independence and impartiality of the judiciary.

He reportedly pointed out that when judges accept such positions  or resign to contest elections  it raises ethical concerns and fuels perceptions that their judgments might have been influenced by expectations of post-retirement benefits.

He reportedly emphasised that these actions could be viewed as conflicts of interest, potentially undermining the judiciary’s credibility. he said, as per the reports.

In a move to uphold judicial independence, CJI Gavai said that he and several colleagues have publicly pledged to refrain from accepting government posts after retirement. This, he said, was an effort to maintain public faith in the judiciary and protect its image as a neutral and constitutionally anchored institution.

CJI Gavai also stressed the need for the judiciary to be a check on executive overreach, and reiterated that it must not only deliver justice but also be perceived as independent and impartial. He underlined that public trust is fundamental to the judiciary’s legitimacy, and that it must be earned through strict adherence to constitutional principles.

He also addressed the collegium system for judicial appointments, acknowledging that while it has its flaws, any proposed reforms must not undermine the judiciary’s autonomy.