Instances of corruption, misconduct within judiciary impact public confidence: CJI Gavai
New Delhi, Jun 4 (PTI) Chief Justice of India B R Gavai has said instances of corruption and misconduct in the judiciary have a negative impact on public confidence, potentially eroding faith in the integrity of the system as a whole.
Speaking at a roundtable conference in the Supreme Court of the United Kingdom on “Maintaining Judicial Legitimacy and Public Confidence”, he also spoke about post-retirement jobs taken by judges, and 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”.
On the issue of corruption, the CJI said whenever these instances of corruption and misconduct have come to light, the Supreme Court has consistently taken immediate and appropriate measures to address the misconduct.
“Furthermore, every system, no matter how robust, is susceptible to issues of professional misconduct. 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,” the CJI said.
The CJI’s remarks come in the backdrop of Allahabad High Court’s Justice Yashwant Varma facing allegations of corruption after the discovery of a large amount of cash from his official residence in Delhi.
CJI Gavai said in every democracy, the judiciary must not only dispense justice, but also be seen as an institution that deserves to hold truth to power and the terms “judicial legitimacy” and “public confidence” are interconnected.
“Legitimacy and public confidence are not secured through coercion of command but through the credibility earned by courts. Any erosion of this confidence risks weakening the judiciary’s constitutional role as the ultimate arbiter of rights. Transparency and accountability are democratic virtues,” CJI Gavai said.
Dealing with the often debated issue of post-retirement jobs taken by judges, he said 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.
“Another point of discussion is post-retirement jobs taken by judges. In India, judges are subject to a fixed retirement age. 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,” he said.
The CJI 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.
