Justice Gavai slams practice of judges praising politicians
Justice Gavai is in line to become the CJI in May 2025.
Supreme Court judge, justice Bhushan R Gavai, on Saturday strongly condemned the practice of judges publicly praising politicians or bureaucrats, as well as the trend of judges contesting elections after resigning from the bench, warning that such actions severely undermine public trust in the judiciary and blur the line of separation between judicial and political roles.
“A judge’s conduct while on the bench and off the bench must be in consonance with the highest standards of judicial ethics. If a judge praises a politician or a bureaucrat, while in office and outside the scope of courtesy, it may affect the public trust in the judiciary as a whole. Another example is that if a judge resigns from his office to immediately contest elections, it may affect public perception of their impartiality. In my opinion, a judge’s action in the public sphere is essential and should be conformed with propriety,” justice Gavai remarked in his speech at the Gujarat State Judicial Officers’ Conference in Ahmedabad.
The judge, who is in line to become the Chief Justice of India in May 2025, cautioned that when judges engage in public behaviour that hints at political bias, it weakens the integrity of the entire judicial institution. Furthermore, the judge expressed concern over judges resigning to immediately contest elections, stating that this practice compromises the perception of judicial impartiality.
Delivering an address on the pressing issue of “Trust deficit in the judiciary”, justice Gavai’s speech centred on the foundational principles that safeguard judicial credibility, particularly the doctrine of separation of powers and the conduct expected from judges, which must remain beyond reproach to sustain public trust in the system.
“A trust deficit in the judiciary threatens the very foundation of our institution. Another theoretical reason why public trust in the judiciary must be kept intact is that a trust deficit might push people to seek justice outside the formal judicial system. This might be through informal ways of vigilantism, corruption, and mob justice. All of this can lead to the erosion of law and order in society. Similarly, it can lead to public hesitation in filing cases and appealing decisions,” he said.
Justice Gavai stressed that the judiciary must remain independent from the legislative and executive branches of government, adding that any dilution of the separation of powers undermines public faith in judicial impartiality.
“The judiciary must stand independent from both the executive and the legislative. Any encroachment upon the judiciary’s autonomy, whether through political interference, legislative overreach, or executive interference, undermines the very concept of impartial justice,” he noted, reminding the audience of the constitutional framers’ intent to keep the judiciary insulated from political pressures.
He went on to highlight how judges must be extremely careful in their public behaviour: “A judge’s conduct, both on and off the bench, must uphold the highest ethical standards.”
One of the key issues contributing to the trust deficit is the delay in court proceedings. Justice Gavai echoed the age-old maxim, “justice delayed is justice denied,” pointing to the financial and mental toll that prolonged litigation takes on litigants. He cited recent remarks by President Droupadi Murmu, who spoke of “litigation fatigue” during the National Conference of the District Judiciary, noting how delays can dissuade people from seeking justice altogether.
Justice Gavai acknowledged the detrimental effects of delays, particularly in criminal trials, where extended proceedings can result in pretrial detention and loss of dignity for innocent individuals. For victims, delays exacerbate trauma and hinder the sense of closure, further weakening trust in the judiciary’s ability to provide timely justice.
Addressing another factor that contributes to the erosion of trust, justice Gavai highlighted the lack of representation of marginalised communities in the judiciary. He pointed to alarming statistics from the Supreme Court’s “State of Judiciary Report” in November 2023 which revealed that 66.3% of unfilled posts in the district judiciary come from reserved categories, with over 84% of seats for Scheduled Tribes left vacant. The judiciary, he emphasised, must reflect the aspirations of all sections of society. Failing to do so can alienate underrepresented groups, making them feel that their voices are not adequately heard or represented in judicial processes.
Justice Gavai, who was elevated as a judge of the Supreme Court in May 2019, is currently the third most senior judge in the top court. After justice K G Balakrishnan, justice Gavai will be the second Dalit to become the CJI. Following the retirement of justice Sanjiv Khanna on May 3, 2025, he will remain in that post till November 23, 2025.