Chief Justice of India BR Gavai, throughout a roundtable dialogue on the Supreme Court docket of the UK, voiced concern about retired judges taking over authorities appointments or getting into electoral politics shortly after stepping down.
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As reported by LiveLaw, Gavai remarked that such actions increase important moral points and danger damaging public trust within the judiciary.
CJI Gavai warned that these post-retirement roles may result in a notion that judicial choices have been made with a watch on future political or governmental alternatives.
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“If a decide takes up one other appointment with the federal government instantly after retirement, or resigns from the bench to contest elections, it raises important moral considerations and invitations public scrutiny. A decide contesting an election for a political workplace can result in doubts relating to the independence and impartiality of the judiciary, as it might be seen as a battle of curiosity or as an try to realize favour with the federal government,” CJI stated, as reported by LiveLaw.
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He additional famous, “The timing and nature of such post-retirement engagements may undermine the general public’s belief within the judiciary’s integrity, because it may create a notion that judicial choices have been influenced by the prospect of future authorities appointments or political involvement.”
CJI Gavai emphasised that he and lots of of his colleagues had “publicly pledged to not settle for any post-retirement roles or positions from the federal government.”
This, he stated, was “an effort to protect the credibility and independence of the judiciary.”
His remarks come amid a long-standing debate over whether or not judges ought to be eligible for post-retirement positions. This concern has been deepened in recent times by Supreme Court docket and excessive courtroom judges taking over roles provided by the manager department quickly after demitting workplace.
Check out post-retirement appointments
Justice Ranjan Gogoi was appointed to the Rajya Sabha in 2020, simply 4 months after retiring as Chief Justice of India. His nomination was controversial attributable to his involvement in high-profile instances just like the Ayodhya verdict and the Rafale deal, which have been seen as beneficial to the federal government.
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Justice S. Abdul Nazeer was appointed because the Governor of Andhra Pradesh inside 40 days of retiring from the Supreme Court docket. Nazeer was a part of the bench that delivered the Ayodhya verdict and upheld the demonetisation coverage.
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Justice P. Sathasivam was appointed because the Governor of Kerala in 2014, quickly after his retirement as Chief Justice of India.
Justice Ranganath Misra, submit his retirement as CJI in 1991, was appointed the primary Chairperson of the Nationwide Human Rights Fee in 1993 and later nominated to the Rajya Sabha in 1998.
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Justice Baharul Islam retired from the Supreme Court docket in January 1983 and was nominated to the Rajya Sabha only a few months later—a transfer that drew criticism as a doable reward for clearing the then Bihar Chief Minister in a corruption case.
Justice M. Hidayatullah served as Vice President of India from 1979 to 1984, 9 years after retiring as Chief Justice of India.
If a decide takes up one other appointment with the federal government instantly after retirement, it raises important moral considerations and invitations public scrutiny.
Justice Fathima Beevi served as a member of the Nationwide Human Rights Fee and later because the Governor of Tamil Nadu from 1997 to 2001 after retiring from the Supreme Court docket in 1992.
Justice M.C. Chagla resigned as Chief Justice of the Bombay Excessive Court docket in 1958 to change into India’s Ambassador to the US on the invitation of former Prime Minister Jawaharlal Nehru.
