Chief Justice of India B.R. Gavai, speaking at the United Kingdom Supreme Court, emphasised judicial independence amid India’s National Judicial Accountability Commission re-enactment debate, sparked by the Justice Yashwant Varma cash controversy. He argued that judges must remain free from external control, defending the collegium system while acknowledging its criticisms.
Justice Gavai participated in a roundtable at the UK Supreme Court, hosted by Lord Reed of Allermuir, President of the UK Supreme Court.
During the discussion, CJI Gavai addressed key issues concerning judicial independence in India. He defended the collegium system for judicial appointments, acknowledging its criticisms but emphasising that any reform must preserve the judiciary’s autonomy from government influence.
He also expressed concerns about judges accepting post-retirement government appointments or contesting elections, stating that such actions raise ethical questions and could undermine public trust in the judiciary’s impartiality. He reiterated his personal commitment to avoiding post-retirement government roles to uphold judicial integrity.
The visit included a ceremonial welcome at the UK Supreme Court, and CJI Gavai was accompanied by his spouse, Rashmi Gavai. The event was part of a broader exchange between the Indian and UK judiciaries, with Lord Reed noting a reciprocal visit planned to India in October 2025 to strengthen judicial ties.
Discussions also covered India’s judicial appointment processes and the importance of maintaining public confidence in the judiciary.
On the issue of corruption in the judiciary, CJI said, “Sadly, there have been instances of corruption and misconduct that have surfaced even within the judiciary. Such occurrences inevitably have a negative impact on public confidence, potentially eroding faith in the integrity of the system as a whole.”
“In India, when such instances have come to light, the Supreme Court has consistently taken immediate and appropriate measures to address the misconduct,” he said.
CJI Gavai’s remarks were made in the context of the controversy involving High Court Judge Yashwant Varma. In March, a Supreme Court inquiry panel found Justice Varma culpable for possessing unaccounted cash at his Delhi residence.
In early May, then-CJI Sanjiv Khanna took action by writing to President Droupadi Murmu and Prime Minister Narendra Modi, describing the recovery of the cash as a serious issue and initiating the process for Justice Varma’s removal from office.
Also Read
CJI Gavai expressed strong reservations about judges accepting government appointments or contesting elections shortly after retirement. He highlighted that such actions could create perceptions of bias, undermining public trust in the judiciary’s impartiality. He cited the example of former Chief Justice of India Ranjan Gogoi’s nomination to the Rajya Sabha as a case that fueled public debate about judicial independence.
To set a personal example, CJI Gavai pledged not to accept any government post after his retirement, emphasising the need for judges to maintain ethical standards to preserve public confidence and said, “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.”
“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,” he said.
