CJI Gavai Urges Judiciary Transparency to Combat Corruption

New Delhi, Jun 4 (PTI): Chief Justice of India B R Gavai emphasized the detrimental impact of corruption and misconduct within the judiciary on public trust, cautioning that it could undermine confidence in the entire judicial system. Speaking at a roundtable conference at the Supreme Court of the United Kingdom on "Maintaining Judicial Legitimacy and Public Confidence," CJI Gavai addressed concerns about post-retirement positions for judges. He stressed that judges accepting government appointments immediately after retirement or resigning to enter politics could raise significant ethical issues and draw public scrutiny. On the matter of corruption, CJI Gavai underscored that the Supreme Court takes prompt and appropriate action whenever instances of corruption and misconduct are revealed. He acknowledged that every system, despite its robustness, can face issues of professional misconduct, with the judiciary being no exception. Such incidents threaten public confidence, but CJI Gavai highlighted that restoring trust involves swift and transparent interventions to address and resolve these matters. In India, the Supreme Court has consistently reacted promptly to such revelations. The CJI's comments come amidst allegations against Allahabad High Court's Justice Yashwant Varma after a significant sum of money was found at his official residence in Delhi. CJI Gavai stated that in a democracy, the judiciary should not only deliver justice but also be perceived as an institution that can uphold truth against power. He explained that "judicial legitimacy" and "public confidence" are linked, achieved not through coercion but through credible court actions. Any loss of this trust might jeopardize the judiciary's constitutional function as the ultimate rights arbiter. Transparency and accountability are key democratic ideals, according to CJI Gavai. Addressing the recurring debate over judges taking post-retirement roles, the CJI noted that such engagements might compromise public trust in the judiciary, potentially leading to perceptions of judicial decisions being swayed by the promise of future government roles or political ambitions. Further, a judge's attempt to participate in electoral politics could suggest possible conflicts of interest, potentially damaging the judiciary's perceived independence. CJI Gavai emphasized that many of his colleagues and he have publicly vowed not to accept governmental roles post-retirement to protect the judiciary's credibility and independence. In the present digital age, the CJI stressed the need for the judiciary to be transparent, understandable, and accountable while preserving its autonomy. To boost transparency, the Supreme Court has increased accessibility and introduced measures like live-streaming Constitution-bench cases. However, CJI Gavai cautioned against the misuse of such transparency tools, as misinformation or misrepresented proceedings might skew public perception negatively. CJI Gavai defended the collegium system used to appoint higher judiciary judges, pointing out that before 1993, the executive played the primary role in judge appointments, occasionally bypassing senior judges for the CJI position, which contradicted established norms. The collegium system aims to curtail executive interference and maintain judicial autonomy in appointments. Despite criticisms of the collegium system, CJI Gavai insisted any alternative must not undermine judicial independence, ensuring judges remain free from external control.

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