Page 30 - 15MAR2020E

Opinion

This startling aspect of their “parricidal” Supreme Court shall plead or act in
approach shall be discussed in another any court or before any author-
story. Since 1950, there have ity within the territory of India.” Then
Since 1950, there have been 44 Chief Article 220 bars High Court judges from
Justices of India who have accepted post- been 44 CJIs who took up pleading before “any authority in India
retirement jobs. In some cases, Supreme except the Supreme Court and the other
Court judges have been appointed to post-retirement jobs. In High Courts.”
commissions even four months ahead However, there have been sugges-
of retirement, as for instance Justice some cases, the Supreme tions that there should be a minimum
Dalveer Bhandari. He was due to retire cooling-off period between retire-
on September 30, 2012, but resigned Court judges have ment and a new assignment to prevent
some five months earlier after being conflict of interest. These posts are gen-
elected as a judge of the International been appointed erally constitutional or of quasi-judicial
Court of Justice, based in The Hague. bodies, whose laws more often than not
Likewise, four months before Justice to commissions even mandate that only retired judges can
Mukundakam Sharma retired on 18 occupy them.
September 2011, he was cleared for four months ahead of The traditional litigations, for which
appointment as chairman of the Vansad- the courts are made, are being ignored,
hara Water Dispute Tribunal. their retirement most of the Judges have no interest in
such cases and the result is that in these
Setting benchmarks cases poor and common litigants are
Sometime back videos of (Retd) Justice rejected mercilessly. The resolution said
A Selvam ploughing a field on a trac- that major time of courts is wasted on
tor went viral on social media. After his Mechanism needed media-popular matters with which 99
superannuation at the age of 62, A Sel- At the same time, to ensure that the per cent of citizens of our country have
vam took off to his native Pulankurichi wealth of experience and insight of no concern at all. It appears that most
in Tiruppattur Taluk of Sivaganga district, retired judges is wasted is also not ideal. of our Judges are far-far away from the
to pursue agriculture. There has to be a mechanism to chan- ground realities and the public opinion
He came from an agricultural family nelise the potential of retired judges back over the social issues. Orders are be-
that has been growing crops for around into the system. At present, most statu- ing passed, laws are being laid down
100 years and took to it after retirement. tory commissions and tribunals require against all sorts of set social and reli-
Retired in April 2018, the former judge is to be headed by retired judges of the gious values and norms. Need a serious
now tilling his five-acre ancestral field in Supreme Court or High Courts. debate?
Pulankurichi. He reportedly pointed out The Constitution does not specifi-
that “agriculture gives me true happiness cally bar judges from taking up any post- The author is a practicing advocate at
I am doing agriculture on my land here retirement assignment. Article 124 of Punjab and Haryana High Court. Views
and getting a good harvest. It feels great the Constitution says that “no person expressed are his own
to be in the midst of nature.” who has held office as a judge of the letters@tehelka.com

30