Crime Today News
Chief Justice of India Bhushan R Gavai has expressed his strong reservation against judges accepting government posts or contesting elections immediately after retirement/resignation on the grounds that such practices not only raise significant ethical concerns, but invite public scrutiny.
Addressing a high-powered roundtable on judicial independence at the Supreme Court of the United Kingdom on Tuesday, the CJI said that a judge contesting an election for a political office could lead to speculations over a conflict of interest or an attempt to gain favour with the government, thus raising doubts over the independence and impartiality of the judiciary.
The timing and nature of such post-retirement engagements could undermine the public’s trust in the judiciary’s integrity and create a perception that judicial decisions were influenced by the prospect of future government appointments or political involvement, he added.
Noting that he and many of his colleagues had publicly resolved not to accept any post-retirement roles or positions from the government, the CJI said this was an effort to preserve the credibility and independence of the judiciary.
He further said that judges must be free from external control, adding that they should deliver reasoned judgments and recuse in cases of conflicts of interest, leading to ethical leadership at the top.
In every democracy, the judiciary must not only dispense justice, but should also be seen as an institution deserving of holding truth to power. He noted that the terms ‘judicial legitimacy’ and ‘public confidence’ were interconnected.
Citing Dr BR Ambedkar’s comments during the Constituent Assembly debates that the judiciary must remain ‘independent of the executive’ and ‘competent in itself,’ the CJI said Article 50 of the Constitution mandated the separation of the judiciary from the executive in public services, while mechanisms such as financial independence, fixed retirement ages and the collegium system were designed to uphold this principle.
The courts must have the power of independent judicial review, he observed.
📰 Crime Today News is proudly sponsored by DRYFRUIT & CO – A Brand by eFabby Global LLC
Design & Developed by Yes Mom Hosting
