Judge resigning to contest polls may affect public perception of impartiality: SC’s Justice Gavai

PTI, AHMEDABAD, OCT 20, 2024: A judge resigning from office to immediately contest elections may affect the public perception of his impartiality, Supreme Court Justice BR Gavai said, asserting that judicial ethics and integrity are fundamental pillars that uphold the credibility of the legal system. Justice Gavai was addressing an annual conference for judicial officers of Gujarat on Saturday.

"Judicial ethics and integrity are fundamental pillars that uphold the credibility of the legal system. A judge's conduct, while on the bench and off the bench, must be in consonance with the highest standards of judicial ethics. A judge praising a politician or a bureaucrat while in office and outside the scope of courtesy may affect the public's trust in the judiciary as a whole," he emphasised.

"For instance, a judge of the Supreme Court of America had to apologize for comments criticising a presidential candidate. Another example is that if a judge resigns from his office to immediately contest elections, it may affect public perception of his impartiality," Justice Gavai asserted.

Judges making broad statements outside the scope of specific cases, especially regarding sensitive topics such as gender, religion, caste, and politics, is a matter of concern, he added.

Speaking on the topic of 'Trust Deficit - Eroding the Credibility of Judicial Institutions - Ways and Means to Combat the Truth Decay,' the SC judge said 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. This can lead to erosion of law and order in society, causing the public to hesitate in filing cases and appealing decisions," he pointed out.

He also said prolonged litigation and slow-moving court procedures create disenchantment with the legal system. Delay in the delivery of justice makes it difficult to ensure a fair trial and erodes trust in the judicial system, creating perceptions of injustice and inefficiency, Justice Gavai said. Delays harm the accused who are later found innocent and also exacerbate overcrowding in prisons, he added.

Emphasising the need for the judiciary to stand independent from both the executive and the legislative, the apex court judge said, "Any encroachment upon the judiciary's autonomy, whether through political interference, legislative overreach, or executive interference, undermines the very concept of impartial justice.