Once a judge always a judge: CJI Surya Kant

CJI Surya Kant stressed the vital role of retired judges, comparing them to stepwells preserving wisdom during crises. He urged structured engagement in mediation, education, and mentoring, warning that neglecting their experience wastes a valuable national resource

Jaipur: Chief Justice of India (CJI) Surya Kant on Saturday emphasised the continued importance of retired judges in strengthening the judiciary, likening them to Rajasthan’s traditional “bawris” (stepwells) that serve as vital reservoirs during times of drought.

Addressing a one-day seminar titled ‘The Bench Beyond Retirement’ in Jaipur, the CJI said former judges act as a dependable resource during institutional stress, much like stepwells that sustain communities in arid regions.

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Drawing from his roots in Churu, he noted how people rely on bawris, where rainwater accumulates over time and is used during droughts.

“Our former judges are like those bawris,” the CJI said, noting that their wisdom and experience are often sought in courts, Lok Adalats, mediation, and arbitration during crisis.

“A judge never truly retires. Once a judge, always a judge,” he remarked, underscoring that their experience cannot be replicated through committees or training programmes.

“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. Their chambers are vacated, files are handed over, and we move ahead. But this assumption, in my view, is not just incorrect — it is a wasteful tradition. Because a judge never truly retires. Once a judge, always a judge. The experience a judge carries cannot be replicated by any committee, nor compressed into any training programme.”

“They do not carry merely the knowledge of law — they carry the 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 and individuals at their most vulnerable moments,” CJI Surya Kant said, highlighting that retired judges bring not just legal expertise but also deep understanding of human issues, having witnessed a wide range of societal challenges, from rural distress to entrepreneurial struggles and personal disputes.

He stressed that the trust earned by judges over decades is a “national resource” and warned that leaving it underutilised amounts to a public loss.

Suggesting a more structured role for former judges, the CJI outlined four key areas where they could contribute significantly: as mediators and arbitrators, legal educators, pre-litigation counsellors, and institution builders mentoring the next generation of legal professionals.

“Let me suggest four key roles where former judges can transform our justice system: First, as mediators and arbitrators, where their stature and impartiality can resolve disputes efficiently. Second, as legal educators, reaching schools, colleges, and even gram panchayats — explaining rights in simple language to those who may not even know they possess them. Third, as pre-litigation counsellors, helping resolve conflicts before they turn into long, exhausting legal battles. And fourth, as institution builders — mentoring young mediators, training legal aid lawyers, and preserving institutional memory for future generations.”

While noting progress through initiatives like Lok Adalats and emerging arbitration centres, the CJI called for a formal framework to engage retired judges with dignity and accountability instead of ad-hoc arrangements.

Referring to poet Dushyant Kumar, CJI Surya Kant underlined the enduring faith of common citizens in the judiciary and stressed the responsibility of strengthening that trust.

“Woh aadmi nahin, mukammal bayan hai, Mathe pe uske chot ka gehra nishaan hai, Fatehaal hai, par jhole mein ek Samvidhaan hai…”

Quoting lines about resilience in the face of adversity, the CJI said that a robust system built on experience and wisdom can withstand even the toughest challenges.

“Let us not allow our ‘bawris’ to dry up in neglect,” he added, urging preservation and meaningful engagement of retired judges to ensure accessible and enduring justice.

He concluded his address by saying, “Jisko toofanon se uljhne ki aadat ho, Aisi kashti ko samandar bhi dua deta hai.”