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Opinion

Why post

retirement

jobs for judges

is a bad idea? nated member. Gogoi had retired from

the Supreme Court on November 17, 2019
after pronouncing the historic Ayodhya
verdict. Other important judgments
include, the abolition of homosexuality
The debate gets weighty when the former chief justice of India in India, entry of women in Sabrimala
temple and Right to Privacy as a funda-
had dealt with sensitive issues during the twilight of his tenure, mental right.
writes yk kalia This is not to suggest, even remote-
ly, that their judgments are wrong or
re-retirement judgments are the nomination is not surprising, but biased. The only endeavour is to under-
influenced by a desire for a what is surprising is that it came so soon. line the fact that immediate post-retire-
post-retirement job … My sug- This redefines the independence, impar- ment appointments of the judges create
gestion is that for two years tiality and integrity of the judiciary. Has a cloud over the sanctity of those judg-
P after retirement, there should the last bastion fallen?” ments, irrespective of their merits. As it
be a gap (before appointment), because To recapitulate, the genesis of this in- is well settled, actual existence of bias is
otherwise the government can directly teresting controversy took roots when not required to vitiate the sanctity of the
or indirectly influence the courts and the the ruling dispensation, having the long- judicial process; the perception of bias,
dream to have an independent, impartial est innings at the helm of central govern- founded on grounds which are not too
and fair judiciary in the country would ment, chose to appoint the first woman far-fetched and hypothetical, taints the
never actualize,” said Arun Jaitley, the BJP Judge of the Supreme Court Fatheema judicial process. The significance of the
leader and then Leader of the Opposition Beevi as the Governor of Tamil Nadu and oft-quoted adage ‘justice should not only
in the year 2012. However, there seems to subsequently nominated the Retired CJI be done, but also seem to be done’ gets
be no takers for such an argument as the Ranganath Misra to the Rajya Sabha be- more profound in this context.
recent nomination of former Chief Jus- sides appointing other retired Judges to A strong and independent judiciary is
tice of India, Ranjan Gogoi to Rajya Sabha various other lucrative posts. A former the terra firma on which a fearless and
proves that. CJI Sathasivam was also nominated as strong Bar stands but there is a public
Dushyant A Dave, Senior advocate Governor of Kerala and now the just re- perception that independence of judges
and president of the Supreme Court Bar tired CJI Gogoi gets nominated to Rajya falls under stress during the last part of
Association, has said, “This is totally dis- Sabha and the this controversial issue the tenure of some of our judges when
gusting, a clear reward in quid pro quo. of post retirement jobs for judges, right the possibility of post retirement assign-
The semblance of independence of the from 1950 till date, remains unresolved. ments by the Governments becomes a
judiciary is totally destroyed.” Sharing Little doubt that a debate on the is- living possibility. When a judge accepts
a cropped image of the official gazette sue has ensued. The debate gets weighty any assignment after his retirement,
notifying Ranjan Gogoi’s nomination, on noting that the CJI had dealt with fingers are raised about the bona fides of
AIMIM chief Asaduddin Owaisi said: “Is it sensitive issues during the twilight of his such assignment.
quid pro quo? How will people have faith tenure. According to a notification issued
in the Independence of Judges ? Many by the Centre on March 16, the Presi- Conflict of interest
Questions” Justice (retired) Madan B. dent has, under clause (1) of Article 80 of Judges accepting jobs under the execu-
Lokur said, “There has been speculation the Constitution, nominated the former tive certainly creates situations of con-
for some time now about what honorific CJI to fill the vacancy in Rajya Sabha due flicts of interest. It tends to undermine
would Justice Gogoi get. So, in that sense to the retirement of one of the nomi- public faith in judicial independence.

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