Graft erodes judiciary’s trust, swift action can restore it: CJI

As the government considers initiating removal proceedings against Justice Yashwant Varma of the Allahabad High Court following the discovery of unaccounted cash at his residence, Chief Justice of India (CJI) BR Gavai has called for “swift, decisive, and transparent action” to address judicial misconduct.

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Speaking at a roundtable discussion at the UK Supreme Court on “Maintaining Judicial Legitimacy and Public Confidence” last evening, CJI Gavai ruled out accepting any post-retirement position. “If a judge takes up a government appointment immediately after retirement or resigns from the Bench to contest elections, it raises significant ethical concerns and invites public scrutiny,” he stated.

Acknowledging that “every system, no matter how robust, is susceptible to issues of professional misconduct,” the CJI said, “Sadly, there have been instances of corruption and misconduct even within the judiciary. Such occurrences inevitably undermine public confidence and risk eroding faith in the integrity of the entire system.”

The CJI said, “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.”

Days after a three-judge inquiry panel indicted Justice Varma for the recovery of unaccounted cash during a fire incident at his residence here on March 14 -- when he was a judge of the Delhi High Court -- the then CJI Sanjiv Khanna had last month recommended his removal to the government.

"The CJI has written to the President and Prime Minister enclosing therewith a copy of the three-member committee report dated May 3 along with the letter/response dated May 6 received from Justice Yashwant Varma,” the Supreme Court had said.

In its report submitted to the CJI on May 4, the three-member Committee comprising Punjab and Haryana High Court Chief Justice Sheel Nagu, Himachal Pradesh High Court Chief Justice GS Sandhawalia and Justice Anu Sivaraman of the Karnataka High Court had reportedly concluded that there was clear evidence to confirm recovery of a huge stash of cash in the storeroom of Justice Varma’s official residence in New Delhi at the time of the fire incident.

Based on the March 24 recommendation of the Supreme Court Collegium, Justice Varma was on March 28 transferred from the Delhi High Court to his parent high court i.e. the Allahabad High Court where he has not been assigned any judicial work “for the time being”.

Regarding post-retirement positions for judges, the CJI said, “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.”

CJI Gavai 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.

“In light of this, many of my colleagues and I have publicly pledged not to accept any post-retirement roles or positions from the government. This commitment is an effort to preserve the credibility and independence of the judiciary.”

In India, judges have a fixed retirement age. While high court judges retire at 62, the retirement age for the Supreme Court judges is 65.

However, many retired judges accept post-retirement roles/positions as many of the laws provide for appointment of retired judges as chairpersons and members of various tribunals and commissions, including the National Human Rights Commission and state human rights commissions.

A controversy erupted in March 2020 when former CJI Ranjan Gogoi accepted his nomination to the Rajya Sabha. Justice Gogoi headed the five-judge Bench that delivered the Ayodhya verdict.