A statement by Chief Justice Gavai has increased the tension of retired judges. Let us see in detail what that statement is. Judiciary and politics (Elections) are two different things. Should judges go into politics after retirement? This is often discussed in the country. It has also been seen in many cases that judges accept some government posts after retirement. Now the reaction of Chief Justice of India B.R. Gavai has come to the fore on this matter. Gavai has expressed concern that such behavior weakens the public's faith in the judiciary.
Morality issue
According to Live Law, Chief Justice Gavai made this comment while speaking at a roundtable discussion at the Supreme Court of the United Kingdom. Doing so raises questions about the decisions of judges. If a judge takes up a government post immediately after retirement, or resigns to contest elections, then it raises ethical concerns. This can raise doubts about the independence and impartiality of the judiciary, as it can be seen as an attempt to curry favour with the government,
Gavai said that doing so can create a perception that the decisions taken by judges are influenced by the possibility of future government appointments or entering politics. Chief Justice Gavai said that he has publicly promised that he will not take up any government post after retirement. Chief Justice Gavai stressed that the judiciary is not only about delivering justice, but also about being seen as an institution that dares to present truth to power.
What did Gavai say about the collegium system?
The Chief Justice gave a detailed explanation of the collegium system. The collegium system can be criticized, but its solution should not come at the cost of judicial independence. Judges should be free from external control, Gavai has also clarified.
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