Chief Justice of India DY Chandrachud will demit office on Sunday, November 10. He will be succeeded by Justice Sanjiv Khanna, currently the senior-most judge in the Supreme Court. Justice Khanna will take charge on Monday, November 11.
No Law Practice
The role of the Chief Justice of India (CJI) is central to upholding justice and safeguarding the Constitution. Once their tenure ends, CJIs and other Supreme Court judges are prohibited from practising law in any Indian court, according to Article 124(7) of the Constitution. The restriction reflects important ethical considerations, ensuring judges maintain impartiality even beyond their tenure.
Why The Ban
The ban on post-retirement practice has a strong ethical foundation, aimed at preserving public confidence in the judiciary’s independence and integrity. The judiciary is a pillar of democracy, and its credibility relies on perceived and actual impartiality. Allowing a judge to advocate after serving could raise suspicions about career-driven rulings during their tenure.
Key Reasons
- Avoiding Conflicts: By restricting post-retirement practice, the judiciary minimises conflicts arising from potential biases.
- Maintaining Judicial Dignity: Practising law after retirement could undermine the authority and dignity of those who served at the Supreme Court level.
- Preventing Undue Influence: Access to sensitive information while serving could create ethical concerns if used in subsequent legal cases.
Roles A CJI Can Take Up After Retirement
While they cannot practise law in the courts, retired CJIs and Supreme Court judges often find opportunities in various capacities, contributing to the legal field without contravening ethical standards:
- Arbitration and Mediation: Retired justices often become arbitrators or mediators, where their expertise in resolving complex legal matters is valuable. The Arbitration and Conciliation Act, 1996, permits retired judges to serve as arbitrators.
- Commissions and Tribunals: Retired Supreme Court judges frequently head or join commissions such as the National Human Rights Commission or the National Green Tribunal, applying their experience to issues of national importance and administrative adjudication.
- Academic and Educational Contributions: Many retired judges share their knowledge by teaching at law schools, conducting lectures, or authoring publications.
- Public Service: Retired judges may be appointed to constitutional roles, such as governors or members of governmental committees.
Criticism
Critics argue that retired judges accepting roles in government bodies could create a perception of favouritism. For instance, former CJI Ranjan Gogoi’s nomination to the Rajya Sabha, shortly after his retirement, led to heated debates on whether such positions undermined judicial independence.