'Judicial corruption weakens trust': CJI Gavai amid Yashwant Varma case

CJI Gavai flags corruption and misconduct within judiciary, stresses transparency, defends collegium system; post-retirement roles raise ethical questions amid Yashwant Varma cash case scrutiny

Chief Justice of India (CJI) BR Gavai has warned that corruption and misconduct within the judiciary can seriously undermine public trust, posing a threat to the credibility and integrity of the entire justice system, Bar and Bench reported. 

His remarks come amid allegations against Allahabad High Court Justice Yashwant Varma, who is facing scrutiny after a substantial amount of burnt cash was recovered from his official residence in Delhi on March 14. 

Speaking at a roundtable conference at the Supreme Court of the United Kingdom on ‘Maintaining Judicial Legitimacy and Public Confidence’, Justice Gavai said every system, no matter how robust, is susceptible to issues of professional misconduct. “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.” 

He said. “However, the path to rebuilding this trust lies in the swift, decisive, and transparent action taken to address and resolve these issues. In India, when such instances have come to light, the Supreme Court has consistently taken immediate and appropriate measures to address the misconduct.” 

 

Defending the collegium system

CJI Gavai also defended the collegium system, which governs appointments to the higher judiciary. He noted that before 1993, the executive branch had the final say on appointments to the Supreme Court and high courts. 

“During this period, the executive twice superseded the senior-most judges in appointing the CJI, which went against established tradition,” he said. 

While acknowledging criticisms of the collegium system, Gavai insisted that any solution must not compromise judicial independence. “Judges must be free from external control,” he said. 

Justice Gavai stressed that the judiciary must not only deliver justice but also be seen as a credible institution capable of holding power accountable. He explained that judicial legitimacy and public confidence are deeply connected and vital for the system’s strength. “Legitimacy and public confidence are not secured through coercion of command but through the credibility earned by courts. Any erosion of this confidence risks weakening the judiciary's constitutional role as the ultimate arbiter of rights. Transparency and accountability are democratic virtues,” he said.

 

 

 

Concerns over post-retirement jobs

CJI Gavai addressed concerns over judges accepting post-retirement jobs, warning that such roles could raise doubts about judicial impartiality. “Another point of discussion is post-retirement jobs taken by judges. In India, judges are subject to a fixed retirement age. 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,” he said. 

He added that the timing and nature of such roles might create a perception that judicial decisions were influenced by future government posts or political ties. To safeguard judicial independence and public trust, Justice Gavai said that he and many of his colleagues have pledged not to accept any post-retirement roles or government positions.

 

All-party consensus for impeachment motion

The Union government is planning to move an impeachment motion against Justice Yashwant Varma of the Allahabad High Court during the upcoming Monsoon Session of Parliament. As part of the process, it has begun efforts to build an all-party consensus on the move. 

Parliamentary Affairs Minister Kiren Rijiju confirmed to The Hindu that he has already started speaking to political parties to garner their support. “I have started reaching out to political parties as this is a non-political issue and would be better for all parties to be on board for the same,” he said. 

Rijiju will be holding consultations with various political parties to build support for the motion. If successful, this would be the first-ever impeachment of a High Court judge in India.