Indian CJ and colleagues publicly pledge to refuse post-retirement jobs

(The Hindu) - Chief Justice of India BR Gavai has said that he and his colleagues in the Supreme Court have publicly pledged to not undermine the public’s trust in judicial integrity by accepting post-retirement roles or positions from the government.

Speaking at a roundtable discussion at the Supreme Court of the United Kingdom, CJI Gavai observed that post-retirement posts that align former judges completely with the government of the day “can create a perception that judicial decisions were influenced by expectations of future political or governmental roles”, LiveLaw reported.

CJI Gavai said that he and many of his colleagues have publicly pledged not to accept any post-retirement roles or positions. “This commitment is an effort to preserve the credibility and independence of the judiciary,”the CJI added, speaking on “Maintaining Judicial Legitimacy and Public Confidence”.

A former chief justice, Ranjan Gogoi, now a Rajya Sabha MP, was widely castigated for accepting the Modi government’s offer to take oath as a member of parliament just 16 weeks after retiring as the top judge of the Supreme Court. Before him, the Modi government had appointed another former chief justice as the governor of the state of Kerala soon after assuming power. 

CJI Gavai spoke of how the judiciary must not only dispense justice, but also be seen as an institution that serves to hold truth to power, the LiveLaw report said. Judiciary derives its legitimacy from the public trust, which has to be earned by upholding constitutional values with independence, integrity and impartiality.

While speaking of the judiciary’s process of making independent appointments, he referred to them as crucial to a fundamental constitutional principle of separation of powers. CJI Gavai elaborated upon the collegium system in this context. Accepting that the collegium system has its problems, he was of the view that solutions must not come at the cost of judicial independence.

“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,” he said. Whether the judiciary acts as a “counterbalance against the arbitrary exercise of power” he said, is a significant test for public confidence.

The CJI said that judicial decisions must be backed by sound reasoning, as judgments lacking reasoning can lead to the public not understanding issues. He spoke of measures, such as the declaration of judges’ assets, being vital to bolster public confidence.

The CJI acknowledged certain instances of judicial misconduct and corruption. He said public trust can be won over again only through swift, decisive and transparent moves. He said that whenever such instances came to light, the Supreme Court has consistently taken immediate and appropriate measures to address the misconduct.