Judges praising politicians undermine public trust in judiciary: Justice BR Gavai
Supreme Court judge, Justice BR Gavai, has expressed his strong displeasure against the judges for publicly praising politicians or bureaucrats, and for contesting elections after resigning from the Bench.
The Supreme Court judge, who is in line to become the Chief Justice of India in May 2025, warned that such actions severely undermined public trust in the judiciary and blur the line of separation between judicial and political roles.
Speaking during the Gujarat State Judicial Officers’ Conference in Ahmedabad on Saturday, Justice Gavai said that 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 praised a politician or a bureaucrat, while in office and outside the scope of courtesy, it might affect the public trust in the judiciary as a whole.
He said that if a judge resigned from his office to immediately contest the elections, it may affect public perception of their impartiality. A judge’s action in the public sphere was essential and should be conformed with propriety, added Justice Gavai.
He cautioned that when judges engaged in public behaviour that hinted at political bias, it weakened the integrity of the entire judicial institution. Justice Gavai said that this practice of judges resigning to immediately contest elections, compromised the perception of judicial impartiality.
Another theoretical reason why public trust in the judiciary must be kept intact was 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 could lead to the erosion of law and order in society. Similarly, it could lead to public hesitation in filing cases and appealing decisions, he added.
Justice Gavai, while delivering his speech on Trust Deficit in the Judiciary, said that a trust deficit in the judiciary threatened the very foundation of the institution.
His speech centred on the foundational principles that safeguarded 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.
Justice Gavai said 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 said one of the key issues contributing to the trust deficit is the delay in court proceedings. Stating that “justice delayed is justice denied,” Justice Gavai 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.
He 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.
He further highlighted the lack of representation of marginalised communities in the judiciary, pointing to alarming statistics from the Supreme Court’s “State of Judiciary Report” in November 2023, which revealed that 66.3 percent of unfilled posts in the district judiciary come from reserved categories, with over 84 percent of seats for Scheduled Tribes left vacant.
The judiciary 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, he added.