“Independence Is Not Anti-Government”: On His Final Day, CJI B.R. Gavai Redefines Judicial Integrity and Reflects on His Tenure
On his last day in office, Chief Justice of India B.R. Gavai delivered a parting message that cut through one of the most persistent misconceptions about the judiciary: the belief that a judge proves their independence only when they rule against the government.
Calling this idea “deeply misguided,” Gavai firmly reminded the nation that judicial integrity is rooted not in antagonism, but in impartiality.
“The Litigant Doesn’t Matter — The Law Does”
Gavai underlined a principle central to constitutional justice: every case must be approached with the same level of fairness, whether the party before the court is the Union government, a state, a corporation, or an ordinary citizen.
A judge’s responsibility, he said, is to evaluate the facts, weigh the evidence, and interpret the law — not to cater to public perceptions or political expectations.
Rejecting the ‘Anti-Government Equals Independent’ Formula
The outgoing CJI aimed at a growing public discourse suggesting that judicial independence is measured only by how often judges strike down state action.
He observed that in contemporary commentary, a judge is branded “independent” only if they oppose government stance — a metric he described as unsound and corrosive to the spirit of justice.
A Judiciary Without the Purse, and the Need for Balance
Gavai acknowledged the judiciary’s structural limitations: it relies on the executive for financial resources, infrastructure, and administrative support.
While friction between the branches of government is natural and sometimes necessary, he cautioned that constant confrontation only undermines institutional harmony and hampers progress.
“Disagreement is inevitable,” he said, “but perpetual discord is unproductive.”
On Collegium Differences: “Dissent Is Not New”
Reflecting on the recent dissent by Justice B.V. Nagarathna regarding the elevation of Justice Vipul Pancholi, Gavai said that such differences have always existed within the Collegium and are part of a healthy decision-making process.
However, he warned that publishing every dissenting note could breed public bias and distort how judicial decisions are perceived.
A Personal Regret and a Pledge
In a rare expression of remorse, Gavai said he felt deeply disappointed that during his tenure, not a single woman judge was recommended for elevation to the Supreme Court.
He stressed that this was a missed opportunity, given his own commitment to diversity and representation.
Looking ahead, the outgoing CJI made one thing unequivocally clear: he will not accept any government position after retirement.
Instead, he intends to return to his roots and dedicate his time to serving his tribal community in his home district — a commitment he described as both personal and heartfelt.
As Justice B.R. Gavai steps down, his final words offer a timely reminder:
Judicial independence is not measured by opposition, but by unwavering fidelity to the rule of law.
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