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judiciary

retirements of the three judges, have recommended that judges of the higher
raised quite a few eyebrows. The imme- judiciary should not accept any govern-
diate appointments suggest that deci- ment job after retirement. Such judges
sions regarding their post-retirement must not forget that their conduct even
assignments had already been taken, at post-retirement was crucial to preserve
least in principle. people’s faith in the judiciary, it had said.
Justice B. Kemal Pasha, who retired An amendment to the Constitution can
as a judge of the Kerala High Court ear- be done by incorporating a provision
lier this year and raised dust with his similar to Articles 148 or 319. A special law
controversial remarks in his farewell can also be passed by Parliament prohib-
speech, spoke against this practice as iting retired judges from taking up any
well and said that “When a judge is appointment for two years.
expecting a post-retirement job from
the government, normally he will be in Startling figures
In the recent ‘master of the roster case’ a position not to invite displeasure from According to a study done by the legal
the Supreme Court reiterated that pub- the government at least in the year of his think tank, Vidhi Centre for Legal Policy,
lic confidence was the greatest asset of retirement. There is a common com-
judiciary, and observed that “The faith
of the people is the bed-rock on which
the edifice of judicial review and effi-
cacy of the adjudication are founded.
Erosion of credibility of the judiciary, in A strong and
the public mind, for whatever reasons, is independent judiciary is
greatest threat to the independence of
the judiciary.” the terra firma on which
Justice Jasti Chelameswar, former a fearless and strong
Judge of the Supreme Court had taken a
lead in this matter. Even before his retire- Bar stands but there
ment, he had made a public statement
that he would not accept any govern- is a public perception
ment assignment after retirement and that independence
he has stood by his statement. Taking
the lead, Justice J.Kurian Joseph, a sen- of judges falls under
ior Judge of the Supreme Court had also stress during the last
made a similar statement.
part of their tenure
Propriety factor
Three recent appointments have reo-
pened the debate on the propriety of
judges accepting post-retirement jobs plaint that such judges do not dare to in- as many as 70 of over 100 retired Su-
from the government. On July 6, Justice vite displeasure from the government by preme Court judges have taken up such
A.K Goel was appointed chairman of Na- expecting post-retirement jobs”. He also assignments in organizations like the
tional Green Tribunal on the same day of recalled the words of Justice S.H. Kapa- National Human Rights Commission,
his retirement as Supreme Court judge. dia and Justice T.S. Thakur that no judge National Consumer Disputes Redressal
Justice R.K Agrawal was appointed as should accept any salaried job under any Commission, Armed Forces Tribunal,
the chairman of the National Consumer government at least for a cooling period Law Commission of India etc. It could be
Redressal Commission (NCDRC) during of three years from his or her retirement. that several laws mandate the appoint-
last week of May, within a few weeks af- The suggestion regarding a “cooling ment of judges in certain positions. The
ter his retirement from Supreme Court. off” period for appointment of retired report finds that 56% of all the appoint-
Justice Antony Dominic was appointed judges as mooted by former CJIs Kapadia, ments studied were made because the
chairman of the State Human Rights Lodha and Thakur assumes relevance. law required it, implying a structural
Commission by the Kerala government, Justice Lodha had stated that he would problem. It’s another ironical fact to
within a week of his retirement as chief not take any post-retirement benefit for watch how these learned appointees
justice of the Kerala High Court in the last a period of two years after retirement. prove their productivity in upholding
week of May. These appointments, which The first Law Commission in Independ- the sanctity of statutory provisions un-
took place within a short span of the ent India, headed by M C Setalvad, had der which they get their appointment.

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