Outgoing Chief Justice of India B.R. Gavai on Sunday dismissed the belief that a judge is independent only when ruling against the government, calling it an “incorrect approach.”
Speaking to journalists at his official residence on his last day in office, he 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.”
He acknowledged occasional friction between the judiciary and the government, noting that the courts “don't have the power of the purse” and rely on the executive for infrastructure.
But he stressed that “continuous friction” would “unnecessarily lead to problems.” Gavai pointed to the Centre’s cooperation, saying it cleared nearly all Collegium recommendations 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, adding that he also appointed 12 high court chief justices and ensured younger judges joined the Bombay High Court.
On air pollution and the limited impact of court orders, he said state authorities must find long-term solutions.
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.
