Will not accept any post-retirement position, says CJI Gavai in UK

Barely three weeks into his office, Chief Justice of India BR Gavai has announced that he would not take up any government assignment after he retires on November 23 this year.

“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 CJI said last evening at a roundtable discussion at the UK Supreme Court on “Maintaining Judicial Legitimacy and Public Confidence”.

He 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,” the CJI said.

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. In February 2023, Justice S. Abdul Nazeer who was a part of the five-judge Bench that delivered the Ayodhya verdict was appointed as a Governor of Andhra Pradesh after his retirement as a judge of the Supreme Court. Justice P Sathasivam was appointed Governor of Kerala in September 2014. In 1978, Justice Mohammad Hidayatullah was elected Vice-President of India.

Talking about the voluntary disclosure of assets by the judges of the Supreme Court, the CJI said it would promote greater accountability and set an example of ethical leadership and bolster public confidence in the institution through transparency.

“To enhance public transparency, the Supreme Court of India also initiated live-streaming of its Constitution-bench cases. However, as with any powerful tool, live streaming must be wielded with care, as fake news or out-of-context court proceedings can negatively shape public perception,” CJI Gavai said.