New Delhi, June 4 

Chief Justice of India Justice B.R. Gavai has expressed serious concern over the increasing trend of retired judges taking up governmental posts or contesting elections shortly after demitting office, saying such actions risk diminishing public trust in the judiciary’s impartiality.

Delivering the keynote address at a judicial integrity symposium in New Delhi on Tuesday, the CJI emphasized that the perception of independence is as vital as its reality for the judiciary to retain its credibility in a constitutional democracy.

“When judges accept appointments from the executive or enter the political fray soon after retirement, it inevitably gives rise to questions about their independence during their tenure on the Bench,” said CJI Gavai.

 Concern Over Perceived Bias

While acknowledging that not all post-retirement appointments are problematic, the Chief Justice drew a distinction between roles that serve public interest—such as heading commissions or tribunals—and those that raise concerns about quid pro quo arrangements.

He noted that public perception is key to the judiciary’s legitimacy:

“Judges must not only be impartial—they must also be seen as impartial. The line between independence and influence blurs when judicial retirement is immediately followed by political or executive affiliations.”

Context and Debate

The statement comes amid a longstanding debate in India about post-retirement engagements of judges. In recent years, several high-profile judges have accepted gubernatorial posts, Rajya Sabha nominations, or committee chairmanships soon after stepping down from the Supreme Court or High Courts.

This has sparked criticism from civil society, legal academics, and even within the judiciary itself. Justice Gavai’s remarks add institutional weight to these concerns and may prompt further introspection on judicial ethics and reforms.

 Legal and Institutional Reforms Suggested

Sources close to the event said the Chief Justice hinted at the need for formal cooling-off periods or internal guidelines on post-retirement employment of judges. While no concrete proposal was announced, the remarks align with previous recommendations from the Law Commission and former Chief Justices, who have suggested a two-year bar on accepting certain posts after retirement.

Senior advocates and former judges welcomed the CJI’s candid remarks.
“Transparency and restraint are key to preserving judicial dignity. This is a welcome intervention at the right time,” said a former High Court Chief Justice, speaking on condition of anonymity.