Judiciary must remain above suspicion not just in truth but in perception

Judiciary must remain above suspicion not just in truth but in perception

Senior Advocate Prashant Bhushan has articulated what many in the legal fraternity have long felt but hesitated to state openly.

The nomination of former Chief Justice Ranjan Gogoi to the Rajya Sabha immediately after delivering some of the most politically sensitive judgments, including the Ayodhya verdict and the Rafale deal case, has created a serious perception crisis.

Let me be absolutely clear. Justice must not only be done, but must be seen to be done. Even the slightest appearance of post retirement inducement strikes at the root of judicial credibility.

This is not about targeting an individual. It is about protecting the institution of the judiciary from erosion of public trust.

If judges, particularly at the highest level, accept positions from the executive soon after retirement, it raises unavoidable and legitimate questions. Was there complete institutional independence. Or does the system risk appearing compromised.

India cannot afford even a shadow of doubt on its judiciary.

At the same time, it must be said that he should be thanked for remaining silent during the entire period of six years as a member of the Rajya Sabha. That silence itself speaks volumes and reflects the larger concern being raised today.

I strongly advocate a mandatory cooling off period for all judges before accepting any government or political appointment. There must be a transparent mechanism for post retirement engagements. Institutional safeguards are essential to maintain the absolute separation of powers.

The judiciary is the last hope of the common man. If that hope is shaken, the consequences are not merely legal, they are constitutional.

This is a moment for reform, reflection, and responsibility.

Dr. Anthony Raju
Advocate, Supreme Court of India
Chairman, All India Council of Human Rights, Liberties and Social Justice

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