Retiring judges must take time before joining politics: CJI DY Chandrachud

In an interview with a Hindi daily, Chief Justice of India DY Chandrachud also addressed the criticism of long court holidays and poor infrastructure of district courts in the country

There must be a ‘cooling-off’ period for retired High Court and Supreme Court judges before they join politics, Chief Justice of India DY Chandrachud said on Wednesday. 

In an interview with Dainik Bhaskar, CJI Chandrachud said, “After retiring as a judge, one should take some time before joining politics. Even if one decides to join politics, there should be a sufficient gap.”

He also expressed concerns about the perception of the judiciary, noting that judges are seen as impartial and should maintain their dignity even after retirement. “Justice must not only be done but must also be seen to be done. If a judge retires today and joins a political party tomorrow, it could raise questions among the public,” he said.

 

Judges need breaks to function effectively: Chandrachud

On the criticism of long holidays enjoyed by Courts, the CJI clarified that the work of judges extends well beyond court hours. “People think that a case is heard for two minutes and a decision is made. However, judges spend hours reading and preparing for cases,” he explained. 

He emphasised the intense workload faced by judges, particularly with constitutional cases, and argued that breaks are essential for the judiciary to function effectively.

Tensions between the SC and the Centre

Speaking the reported tensions between the government and the judiciary over the appointment of judges, CJI Chandrachud emphasised the importance of collaboration within the constitutional framework. Adding that the process of appointments involves multiple stakeholders, including the centre and state governments, and the collegium, he said, “In a mature judiciary system, if there is an objection from the centre or the state, we discuss it. The administrative discussions with the government regarding the appointment of judges should not be broken,” he said.

Language barriers in courts for common folks

When asked why the HCs and SC processes were not conducted in Hindi or local languages, CJI Chandrachud acknowledged the challenges faced by ordinary citizens in navigating the court system, including the cost and language barriers. He expressed support for conducting court work in Hindi or other local languages but pointed out the practical difficulties given the diverse linguistic landscape of India. “We need a common language that everyone understands, which is why the work is done in English,” he explained. He mentioned the ongoing efforts to make the system more accessible.

Impact of AI on judiciary

Answering a question about the potential of artificial intelligence to transform the judiciary, the Chief Justice said that Information Technology has already transformed the judiciary landscape. “Look at the courts from 1950, 1980, and now. Everything has changed. We want to bring improvements in the registry using AI. It takes a person three hours to a day to read and correct errors in a 500-page petition. AI can do this in one minute. We have signed a MoU with IIT Madras,” he said.

However, he cautioned against over-reliance on AI, emphasising the importance of human judgement in legal matters. “AI cannot replace the humanity a judge brings to the process,” he asserted.

Infrastructure challenges and judicial accountability

When asked about the challenge of infrastructure in various courts, where the accused and the victims are forced to sit together, Chandrachud highlighted that in many places, three trials are running in one room, particularly at the district level. There is one judge, and three testimonies are happening simultaneously in the same courtroom. “Unless state governments invest, how can improvements be made,” he asked.

He added that a new Supreme Court building will be built. “The old building was built in 1950. It was meant for five courts, but now it houses 17 courts. The new building will have 27 courts, which will be sufficient for the next 75-100 years. It is not fair to blame the government for everything. The High Court also has a responsibility to inform the government of its needs,” he said.

Solution for the falsely implicated

CJI Chandrachud also responded to concerns about cases under the Protection of Children from Sexual Offences (POCSO) Act and similar laws, where accused individuals spend years in jail during trials only to be acquitted later. “The Supreme Court always says that it is wrong to keep someone in custody even for a day longer than necessary,” he stated.

Addressing the simplification of the First Information Report filing process, Chandrachud dismissed concerns that it would overwhelm the courts, arguing that the judiciary must adapt by expanding resources and infrastructure. He highlighted the importance of making the judicial system more accessible, particularly for vulnerable groups such as women, children, and the elderly. “We can’t shy away from work out of fear. We have to be prepared for it,” he concluded.

Reflecting on his tenure, CJI Chandrachud stated, “It is for society to comment on my tenure... I have served this institution to uphold constitutional values.”