LONDON, June 5: Chief Justice of India Bhushan R Gavai on Tuesday cautioned judges against accepting government posts or contesting elections immediately after retirement, warning that such actions raise serious ethical concerns and risk eroding public trust in the independence of the judiciary.
Speaking at a high-level roundtable on judicial independence at the Supreme Court of the United Kingdom, 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.”
The Chief Justice’s remarks come amid an ongoing debate in India over post-retirement roles for members of the judiciary, particularly following several controversial appointments in recent years. Gavai underscored that such transitions could create a perception that judicial decisions were influenced by the prospect of future political or government opportunities.
“Judicial legitimacy does not stem from the ballot but from public confidence,” Gavai said. “If this trust is compromised, so is the very foundation of our democracy.”
He cited instances of retired Supreme Court and High Court judges taking up gubernatorial or other executive posts shortly after stepping down. Notably, Justice S.A. Nazeer was appointed Governor of Andhra Pradesh within 40 days of retiring in 2023. Justice Ranjan Gogoi, who presided over the Ayodhya verdict, was nominated to the Rajya Sabha just four months after his tenure as CJI ended.
The Chief Justice also referenced historic cases, including former CJI Ranganath Misra’s nomination to the upper house and Justice Fathima Beevi’s term as Governor of Tamil Nadu.
Gavai revealed that he and many of his colleagues have publicly pledged not to accept post-retirement positions from the government to uphold the credibility of the judiciary.
The Chief Justice further acknowledged challenges within the judiciary, including instances of corruption and misconduct that have undermined public confidence. His remarks come against the backdrop of the recent controversy surrounding High Court judge Yashwant Varma, who was indicted by a Supreme Court inquiry panel over unaccounted cash found at his residence.
“Such occurrences inevitably have a negative impact on public confidence, potentially eroding faith in the integrity of the system as a whole,” Gavai said. He emphasised the need for swift, transparent action to address such misconduct and restore trust in judicial institutions.
Citing Article 50 of the Indian Constitution, Gavai reiterated the principle of separation between the judiciary and executive, calling for reinforced measures such as financial independence, fixed retirement ages, and the collegium system to preserve institutional integrity.
He also highlighted recent transparency initiatives, including the live-streaming of Constitution Bench hearings and the public disclosure of judges’ assets, as steps towards making the judiciary more accountable.
“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,” he said.
Gavai concluded with a call for continued ethical leadership and reaffirmed the judiciary’s counter-majoritarian role in safeguarding constitutional values against political expediency.
