04 June, 2025:
Chief Justice of India B R Gavai, during a roundtable discussion at the Supreme Court of the United Kingdom, expressed concerned about retired judges accepting government posts or joining political parties’ election as soon as they stepping down from their roles.
CJI Gavai observed that post-retirement engagement of these types of roles can create a perception that the verdicts were influenced by expectations of future political or governmental appointments.
CJI Gavai 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. The timing and nature of such post-retirement engagements could undermine the public's trust in the judiciary's integrity, as it could create a perception that judicial decisions were influenced by the prospect of future government appointments or political involvement."
In this context he said that he and many of his colleagues have publicly pledged not to accept any post-retirement roles or positions from the government. "This commitment is an effort to preserve the credibility and independence of the judiciary," CJI stated.
CJI also voiced concern about the out of context reporting of proceedings, which can negatively shape public opinion. "However, as with any powerful tool, live streaming must be wielded with care, as fake news or out-of-context court proceedings can negatively shape public perception. Only last week, one of my colleagues in a lighter vein counselled a junior counsel on the art of court craft and soft skills. Instead, his statement was taken out of context and reported in the media as, “Our ego is very fragile; if you offend it, your case will go out,” CJI Gavai said.
The Chief Justice's comments add to the long-standing discourse on whether judges should accept post-retirement roles, a matter that has drawn increasing scrutiny as many recently retired Supreme Court and High Court judges have taken up positions offered by the government.
The debate around judges taking up roles after retirement has grown stronger in recent years. In 2020, Justice Ranjan Gogoi was nominated to the Rajya Sabha just four months after retiring as Chief Justice of India, which led to widespread criticism. Justice S.A. Nazeer retired from the Supreme Court in January 2023 and was made the Governor of Andhra Pradesh within 40 days. Justice Arun Mishra was appointed as the head of the National Human Rights Commission less than a year after retiring. Many former High Court judges have also taken up roles as governors or joined tribunals soon after leaving the bench, raising concerns about the independence of the judiciary.
