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CJI Surya Kant says retired judges vital for justice system

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Tripura Net
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CJI Surya Kant highlights the enduring role of retired judges, urging structured engagement to strengthen India’s judiciary. He compares them to Rajasthan’s stepwells, emphasizing their experience as a vital national resource for justice delivery and institutional resilience.

A renewed call to recognise the enduring role of judicial experience echoed through a legal seminar in Jaipur on Saturday, as Surya Kant underscored the vital contribution of retired judges in strengthening India’s justice system. Addressing a one-day seminar titled The Bench Beyond Retirement, the Chief Justice highlighted that judicial service does not truly end with retirement, stressing the long-term value of wisdom accumulated over decades on the bench.

Drawing a compelling analogy from traditional water conservation systems in Rajasthan, the CJI likened retired judges to “bawris,” or stepwells, which store rainwater and provide life-sustaining resources during droughts. He explained that just as these stepwells become indispensable in times of scarcity, former judges serve as reservoirs of knowledge and stability during institutional stress within the judiciary.

“Once a judge, always a judge,” he remarked, asserting that judicial experience cannot simply be replaced or replicated through structured training programmes or committees. According to him, the practice of formally bidding farewell to judges upon retirement and then moving forward without systematically integrating their expertise represents a significant institutional loss.

Reflecting on his roots in Churu, a region known for its arid climate, the Chief Justice elaborated on how communities depend on stepwells for survival during water shortages. He used this imagery to illustrate how the judiciary, too, must rely on its experienced members during challenging periods. The metaphor resonated strongly with the audience, reinforcing the idea that the legal system must preserve and utilise its intellectual capital more effectively.

The Chief Justice further emphasised that retired judges carry not only legal knowledge but also a deep understanding of society and human struggles. Over the course of their careers, they witness a wide spectrum of cases—from disputes involving rural farmers risking their life savings to the anxieties faced by first-generation entrepreneurs and families navigating personal conflicts. This exposure, he noted, equips them with insights that go beyond legal texts and procedural frameworks.

Describing the trust built by judges over decades as a “national resource,” the CJI warned that failing to harness this trust amounts to a loss for the public at large. He stressed that the judiciary must move beyond ad-hoc engagement of retired judges and instead develop a structured framework that allows them to contribute meaningfully with dignity and accountability.

To that end, the Chief Justice outlined four key areas where retired judges can play a transformative role. First, he suggested their involvement as mediators and arbitrators, where their impartiality and stature can help resolve disputes efficiently. Second, he proposed that they serve as legal educators, reaching out to schools, colleges, and even grassroots institutions such as gram panchayats to spread awareness about legal rights in accessible language.

Third, he recommended their role as pre-litigation counsellors, helping individuals and organisations resolve conflicts before they escalate into prolonged legal battles. Finally, he highlighted their potential as institution builders, mentoring young legal professionals, training mediators, and preserving the institutional memory of the judiciary for future generations.

While acknowledging the progress made through initiatives such as Lok Adalats and the emergence of arbitration centres, the Chief Justice reiterated the need for a more formalised system of engagement. He pointed out that current efforts, though commendable, remain fragmented and insufficient to fully leverage the capabilities of retired members of the judiciary.

In his address, the Chief Justice also drew inspiration from the works of Dushyant Kumar, invoking poetic lines that reflect resilience and the enduring faith of citizens in the Constitution. He emphasised that even in adversity, the belief in justice remains strong among the public, and it is the responsibility of the judiciary to uphold and strengthen that trust.

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He concluded with a powerful message urging the legal community not to allow these “bawris” of wisdom to dry up through neglect. Instead, he called for deliberate efforts to preserve and channel the experience of retired judges to ensure that justice remains accessible, efficient, and resilient in the face of evolving challenges.

The remarks come at a time when the judiciary continues to grapple with case backlogs, increasing complexity in disputes, and the need for alternative dispute resolution mechanisms. By advocating for a structured and respectful integration of retired judges into the system, the Chief Justice’s vision seeks to bridge institutional gaps while reinforcing public confidence in the rule of law.

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