Litigation News

Judges should be in love with justice and freedom, not money: CJI BR Gavai

CJI Gavai was addressing the Central Administrative Tribunal (CAT) conference.

Debayan Roy

Chief Justice of India (CJI) BR Gavai on Saturday urged judges to exercise their power with utmost humility and responsibility, stating that the bad conduct of even a few judges could affect the reputation of the entire judiciary.

In this regard, he referred to a recent incident where a young lawyer reportedly fainted after being reprimanded by a judge of the Bombay High Court.

"Instances are reported in the bar, in newspapers, or even circulate online because of the actions of a single judge in a High Court. I will not name anyone, but such incidents affect the institution as a whole. One such example was when a lawyer fainted in court. Situations like this remind us of an accepted proposition .. that judges and lawyers are like two wings of the golden bird of justice. Neither superior nor inferior, both are essential. Unless judges and lawyers work together, the institution of the administration of justice, which has existed in this country for centuries, cannot function properly," Justice Gavai said.

He also underlined the importance of judges dedicating themselves to the cause of justice and freedom instead of prioritising money.

I hope that leaders in the judiciary are not in love with money, but in love with justice and with the great cause of freedom," said.

CJI Gavai made the comments while addressing the Central Administrative Tribunal (CAT) conference.

The CJI stressed that courts must retain the trust of litigants and lawyers alike.

"Citizens who come before us place their faith in the system. They must believe they will receive justice. Our judgments should never be coloured by anything other than responsibility and fairness, and this extends not only within our official duties but in our lives outside as well," he said.

I hope that leaders in the judiciary are not in love with money, but in love with justice and with the great cause of freedom.
CJI BR Gavai

Reflecting on the purpose of the Administrative Tribunals Act, 1985, the CJI said the tribunals were created to relieve regular courts of service disputes and expand access to justice.

"Over the last four decades, Central Administrative Tribunal has made sustained efforts in ensuring improved access to justice. The Law Commission of India, in its 272nd Report, highlighted that CAT had achieved a disposal rate of nearly 94%. Between 2016 and 2019, it maintained an admirable disposal rate of 91%. As per its official website, CAT has disposed of nearly four lakh out of approximately six lakh cases instituted so far. These numbers reflect the commitment, discipline and dedication that have gone into building CAT as a credible and responsible institution," he said.

However, CJI also said that achievements must not be measured merely by statistics. Factors such as responsibility, transparency and public trust are equally important, he added.

CJI Gavai also commented on rising backlog of cases in the CAT.

"Yet, pendency remains a continuing challenge. In 2017, CAT had about 44,000 pending cases, and the number has significantly risen since then, now crossing one lakh. A major concern is the filing of multiple challenges before High Courts after CAT’s decisions. This leads to prolonged litigation and adds to pendency. It may be worthwhile to consider whether a filtering mechanism or a certifying authority could determine which matters truly merit further appeal," he said.

Further, CJI Gavai underscored the need for greater training and orientation for tribunal members. Judicial members should be acquainted with the nuances of public administration while administrative members must be trained in legal reasoning, he said.

CJI also called for a uniform and transparent appointment process with clear eligibility standards to ensure fairness and consistency in judgments

In this regard, the CJI also called for a creation of a centralized data platform akin to the National Judicial Data Grid (NJDG).

While CAT’s website offers only a limited overview, a comprehensive database across central and state tribunals would allow case tracking, comparative analysis and provide valuable inputs for policymakers and researchers, he opined.

Ravish Kumar moves Delhi High Court against government order to remove content on Adani

Madhya Pradesh High Court orders action against woman for falsely accusing Senior Advocate of raping her daughter

Party autonomy in arbitration not absolute: Supreme Court Justice JK Maheshwari

Delhi HC reinstates woman fired for lodging sexual harassment complaint against Sahitya Akademi Secretary

A tribunal too much: India’s missed chance for sports arbitration?

SCROLL FOR NEXT