Page 22 - 31OCT2018E

LEGAL
Right or wrong:
Post-retirement
jobs for judges
“Pre-retirement judgments are influenced by a desire for a
post-retirement job … My suggestion is that for two years after
retirement, there should be a gap (before appointment), because
otherwise the government can directly or indirectly influence the
courts and the dream to have an independent, impartial and fair
judiciary in the country would never actualize,” said Arun Jaitley as
Leader of the Opposition in 2012. However, his recommendation
of a two-year cooling off period finds no takers even in his own
government, write CHARANJIT AHUJA and YK KALIA*
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22-25 Charanjit Ahuja and YK Kalia.indd 2 10/16/2018
A be taken lightly.
debate on the issue
has ensued following
a release issued by the
mar Mishra on September 29, 2018
Bar Council of India
Chairman, Manan Ku-
after a Joint Meeting of Bar Council
of India with the representatives of
State Bar Councils and High Court
Bar Associations, the Co-ordination
committee of Bar Associations of
Delhi and NCR.
As a co-incidence or a design,
the release came few days before
Justice Dipak Misra, Chief Justice of
India was to demit office and new
CJI, Ranjan Gogoi was to take over.
Since the resolution came from the
Bar Council of India, the apex body
of advocates in the Country, it can’t
• Change of guard Former CJI Dipak Misra
had recommended Ranjan Gogoi’s name as
his successor
12:30:20 PM 22-25 Charanjit Ahuja and YK Kalia.indd
judiciary is the terra firma on which independence. The legal fraternity
for democratic values and judicial
A strong and independent
Twilight of careers
a fearless and strong Bar stands
has great expectations from the out-
The debate gets weighty on noting but there is a public perception going CJI. We hope that his crusade
that independence of judges falls
for independence of the judiciary,
that the judges had dealt with sen-
under stress during the last part of
both by way of judicial pronounce-
sitive issues during the twilight of
ments and by deeds, would open
their tenure. This is not to suggest,
the tenure of some of our judges
even remotely, that their judgments when the possibility of post retire- up new vistas. We earnestly hope
ment assignments by the Govern-
and believe that Justice Dipak Misra
are wrong or biased. The only en-
deavour is to underline the fact
would put new life and meaning
ments becomes a living possibility.
ment after his retirement, fingers
Chelameswar in not taking any post
that immediate post-retirement When a judge accepts any assign- to initiative taken by Justice Jasti
appointments of the judges create
a cloud over the sanctity of those are raised about the bona fides of retirement assignment from the
such assignment.
Government. And he would be do-
judgments, irrespective of their
merits. As it is well settled, actual ex- ing a great service to the democracy
istence of bias is not required to viti- Conflict of interest and judiciary by doing so”.
The Bar Council of India said that
ate the sanctity of the judicial pro- Judges accepting jobs under the the case of Justice P.Sathasivam,
cess; the perception of bias, founded executive certainly creates situa-
tions of conflicts of interest. It tends former Chief Justice of India who
to undermine public faith in judicial was appointed as the Governor
independence. In the recent ‘mas-
of Kerala after retirement as CJI,
Immediate ter of the roster case’ the Supreme had generated much reaction.
post-retirement Court reiterated that public con- Such post-retirement assign -
appointments of fidence was the greatest asset of ments, for good or no reason, put
judiciary, and observed that “The
a question mark on the fair dis -
the judges create faith of the people is the bed-rock charge of judicial functions by
the Judge in question during the
on which the edifice of judicial
a cloud over the review and efficacy of the adju - concluding part of his tenure. This
sanctity of the dication are founded. Erosion of is a very grey area in which Bar
expects that retiring Judges should
credibility of the judiciary, in the
judgments during public mind, for whatever reasons, not accept any appointments
their tenure, is greatest threat to the independ- after retirement at least for a cooling
ence of the judiciary.”
period of two years from the date of
irrespective Justice Jasti Chelameswar, for- their retirement.
of the merits mer Judge of the Supreme Court
has taken a lead in this matter. Even Propriety factor
before his retirement, he had made Three recent appointments have
a public statement that he would reopened the debate on the propri-
on grounds which are not too far- not accept any government assign- ety of judges accepting post-retire-
fetched and hypothetical, taints the ment after retirement and he has ment jobs from the government. On
judicial process. The significance of stood by his statement. Taking the July 6, Justice A.K Goel was appoint-
the oft-quoted adage ‘justice should lead, Justice J.Kurian Joseph, a sen- ed chairman of National Green
not only be done, but also seem to ior Judge of the Supreme Court had Tribunal on the same day of his
be done’ gets more profound in this also made a similar statement. retirement as Supreme Court judge.
context. The Bar Council of India said that Justice R.K Agrawal was appointed
The Bar Council of India resolu- in the present scenario obtaining as the chairman of the National
tion requested the High Court and in the country, the lead taken by Consumer Redressal Commission
Supreme Court Judges not to accept Justice Jasti Chelameswar, and Jus- (NCDRC) during last week of May,
any assignment after their retire- tice Kurian Joseph is a very healthy within a few weeks after his retire-
ment at least for two years. It said and welcome step, which would go ment from Supreme Court. Justice
that the Independence of judiciary a long way in promoting a healthy Antony Dominic was appointed
is the hallmark of our democracy. democracy in the country. chairman of the State Human
One cannot conceive of a healthy The Bar Council resolution said Rights Commission by the Kerala
and vibrant democracy unless there that “Justice Dipak Misra, CJI has a government, within a week of his
is an independent judiciary. long and credible history in fighting retirement as chief justice of the
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