Outgoing CJI Gavai rejects popular notion that judges won't be seen as independent unless they rule against government

New Delhi: Outgoing Chief Justice of India B R Gavai on Sunday rejected the popular notion that a judge will not be seen as independent unless he/she rules against the government, and called it an “incorrect approach”.

CJI Gavai, who was speaking to journalists at his official residence here on his last day in office, said, “Unless you decide against the government, you are not an independent judge... That is not correct. You do not decide as to whether the litigant is the government or a private citizen. You decide as per the papers before you.”

Calling it an incorrect approach, he said that in contemporary jurisprudence, a judge was called ‘independent’ only if the decision was given against the government.

“Moreover, for infrastructure development in the judiciary, we have to depend on the government. We (judiciary) don't have the power of the purse. So, there will be friction at times. But I don't think that continuous friction is needed, it will unnecessarily lead to problems,” he said.

Referring to the Centre's cooperation, Justice Gavai highlighted that the government cleared nearly all names recommended by the Collegium during his tenure.

“About 107 judges were appointed across high courts. I gave 14 judges to Bombay HC and 12 to Madhya Pradesh,” he said.

Justice Gavai also said he appointed 12 chief justices of high courts and ensured that the Bombay High Court received younger judges aged 45–50 "who will serve longer".

The CJI said he was never pressured by any government during his more than two-decade-long as a judge of the high court and the top court.

On air pollution and the least impact of court orders, he said the state and its authorities must found long-term solutions to tackle the issue.

He also referred to poor implementation of court orders such as the ban on firecrackers.

“Even in Lutyens' Delhi, we heard bursting of crackers during the time when the ban was in force,” he said, adding that there were insufficient numbers of staff in the state pollution control boards.

“I have issued a few directions that the posts be filled up within a particular period,” he said.