Explaining that he has decided not to accept the role or situation of any retirement from the government, India’s Chief Justice Bra Gavai said that “soon after retirement” or judges resigned to contest elections “raised” important moral concerns and invited public investigation “.
He was speaking in a roundateable on Tuesday in the UK Supreme Court, which was hosted by Lord Reid of the UK Supreme Court President Allermuer.
Stating that the collegium system of appointing judges in constitutional courts came to the CJI Gawai, while admitting that “the collegium system could be criticized”, “Any solution should not cost the cost of judicial freedom”. He demanded to underline that “judges should be free from external control”.
Referring to the debate about judges who accept post -retirement jobs, CJI said, “If a judge makes another appointment with the government immediately after retirement, or resigns from the back to contest the election, it raises important moral concerns and invites public investigation”.
He said, “The judge, who contested the election for a political office, may be doubted about the freedom and fairness of the judiciary, as it can be seen as an attempt to gain a conflict of interests or to gain favor with the government”.
He said, “The time and nature of this type of engagement after retirement can reduce public confidence in the integrity of the judiciary, as it can create a perception that the judicial decisions were affected by the future government’s appointments or the possibility of political participation”.
“In its light, many of my colleagues and I have publicly promised the government not to accept any retirement roles or positions. This commitment is an attempt to maintain the credibility and freedom of the judiciary,” he said.
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The CJI admitted that “there are examples of corruption and misconduct which have emerged within the judiciary as well,” and said “such incidents essentially have negative effects on public confidence, potentially destroying faith in the integrity of the system”.
He said “The way to rebuild this belief … however … is a lie in … IntenseThe decisive and transparent action to address and resolve these issues “and” in India, when such examples have come out, the Supreme Court has consistently taken immediate and appropriate measures to address misconduct “.
CJI Gavai also took steps to make the assets of the Supreme Court judges public. He called it “an important step to enhance public confidence through transparency … to promote more accountability and establish an example of moral leadership”.
He said that “The Supreme Court has admitted itself that judges, as public officials, are accountable to the people” and “The court maintains a dedicated portal where judges’ announcements are made public, demonstrating that the judges are ready to subdue themselves to the degree of investigation, similar to other civil officials”.
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He also referred to the live-stream of constitution-bench affairs as a step to “increase public transparency” and demanded to explain how out-of-content reporting of the proceedings negatively shaped public opinion.
“With any powerful equipment, live streaming should be erased with care, as fake news or out-of-se-court proceedings can negatively shape public perception,” he said.
“Only last week, one of my colleagues, in a light vein, counseling a junior lawyer on the art of court craft and soft skills. Instead, his statement was excluded from the context and reported in the media, ‘Our ego is very delicate; if you insult it, your case will be out’,” He said.
“I would like to say that validity and public confidence is not safe through the force of command, but through the credibility earned by the courts. Any erosion of this belief is as the last mediat of rights to weaken the constitutional role of the judiciary. Without compromising their freedom, intelligent and accountable, without compromising their freedom.
(Tagstotranslet) Chief Justice of India
