CJI Surya Kant: Retired Judges Are Nation's 'Bawris', Must Not Be Sidelined
Synopsis
Key Takeaways
Chief Justice of India (CJI) Surya Kant on Saturday, April 25, delivered a landmark address at a seminar in Jaipur, asserting that retired judges remain indispensable pillars of the Indian justice system and should never be treated as institutional afterthoughts. Speaking at the one-day seminar titled The Bench Beyond Retirement, the CJI invoked the powerful metaphor of Rajasthan's ancient stepwells (bawris) to describe the enduring value of former judges — reservoirs of wisdom that must not be allowed to run dry.
The Bawri Metaphor: A Deep-Rooted Vision for Judicial Legacy
Drawing from his personal roots in Churu, Rajasthan, CJI Surya Kant explained how bawris — traditional stepwells — silently collect rainwater over years and become lifelines for communities during droughts. He used this imagery to highlight how retired judges, having accumulated decades of legal and human experience, represent a similar reservoir of institutional strength.
Our former judges are like those bawris, the CJI stated, noting that their wisdom is actively sought in Lok Adalats, courts, mediation centres, and arbitration proceedings during periods of systemic pressure.
He challenged the prevailing culture of farewell ceremonies followed by institutional disengagement: We organise a farewell, garland them, speak warmly of their service... and then quietly assume that the system will move on just fine without them. But this assumption is not just incorrect — it is a wasteful tradition.
Once a Judge, Always a Judge: CJI Challenges Retirement Culture
CJI Surya Kant was unequivocal in his assertion: A judge never truly retires. Once a judge, always a judge. He argued that the experiential knowledge judges carry — forged through years of courtroom engagement with real human struggles — cannot be replicated by any committee or condensed into any training module.
He elaborated that retired judges do not merely carry knowledge of law — they carry knowledge of people. They have seen the struggles of a rural farmer whose life savings are at stake, the anxieties of a first-generation entrepreneur, the silent battles of families at their most vulnerable moments, he said.
This human dimension of judicial wisdom, the CJI argued, makes retired judges uniquely equipped to serve the justice system in capacities beyond the bench. He stressed that the trust earned by judges over decades constitutes a national resource — and leaving it underutilised amounts to a direct public loss.
Four Key Roles for Retired Judges: A Structured Roadmap
Moving beyond rhetoric, CJI Surya Kant proposed a concrete, four-pronged framework for meaningfully engaging retired judges within the justice ecosystem.
First, as Mediators and Arbitrators: Their stature and impartiality can resolve disputes efficiently, reducing the burden on overburdened trial courts.
Second, as Legal Educators: Reaching schools, colleges, and even gram panchayats — explaining constitutional rights in accessible language to citizens who may not even know they possess them.
Third, as Pre-Litigation Counsellors: Helping parties resolve conflicts before they escalate into prolonged, exhausting legal battles that clog the system.
Fourth, as Institution Builders: Mentoring young mediators, training legal aid lawyers, and preserving institutional memory for the generations of legal professionals who follow.
The CJI acknowledged positive strides through existing mechanisms like Lok Adalats and emerging arbitration centres but called for a formal, dignified, and accountable framework — replacing the current ad-hoc arrangements that often leave retired judges either overextended or completely idle.
Poetry, Resilience, and the Responsibility of the Judiciary
Invoking the celebrated Urdu poet Dushyant Kumar, CJI Surya Kant underscored the enduring faith that ordinary citizens place in the judiciary — a faith the institution must honour through structural reform, not just ceremonial goodwill.
He recited: Woh aadmi nahin, mukammal bayan hai, Mathe pe uske chot ka gehra nishaan hai, Fatehaal hai, par jhole mein ek Samvidhaan hai — a verse that evokes the resilience of the common person who, despite hardship, still carries the Constitution as their shield.
He concluded with a stirring couplet: Jisko toofanon se uljhne ki aadat ho, Aisi kashti ko samandar bhi dua deta hai — affirming that a justice system built on experience and wisdom can weather any storm.
Let us not allow our bawris to dry up in neglect, the CJI urged, calling on the legal fraternity to treat the post-retirement engagement of judges not as a favour, but as a constitutional and institutional imperative.
Why This Matters: Judicial Pendency and the Case for Structural Reform
This address comes at a critical juncture for India's judiciary. With over 5 crore cases pending across courts at various levels, the systemic strain on the justice delivery mechanism has never been more acute. The CJI's vision for structured post-retirement engagement directly addresses this crisis — by channelling experienced judicial wisdom into alternative dispute resolution and pre-litigation frameworks that can decongest the formal court system.
Notably, India's arbitration and mediation ecosystem, while growing, still lacks the institutional depth of mature legal markets. A formal framework for retired judges — as proposed by CJI Surya Kant — could accelerate India's emergence as a preferred seat for domestic and international dispute resolution, with direct implications for investor confidence and ease of doing business.
As the Supreme Court and various High Courts continue to push for ADR adoption, the seminar's outcomes and any subsequent policy recommendations are expected to shape the next phase of judicial reform in India.