Chief Justice of India DY Chandrachud will demit workplace on Sunday, November 10. He might be succeeded by Justice Sanjiv Khanna, at present the senior-most choose within the Supreme Court docket. Justice Khanna might be India’s 51st Chief Justice, succeeding CJI Chandrachud. Justice Khanna will take cost on Monday, November 11.
No Legislation Follow
The position of the Chief Justice of India (CJI) is central to upholding justice and safeguarding the Structure. As soon as their tenure ends, CJIs and different Supreme Court docket judges are prohibited from practising regulation in any Indian courtroom, in response to Article 124(7) of the Structure. The restriction displays necessary moral concerns, making certain judges preserve impartiality even past their tenure.
Why The Ban
The ban on post-retirement observe has a robust moral basis, aimed toward preserving public confidence within the judiciary’s independence and integrity. The judiciary is a pillar of democracy, and its credibility depends on perceived and precise impartiality. Permitting a choose to advocate after serving may increase suspicions about career-driven rulings throughout their tenure.
Key Causes
- Avoiding Conflicts: By proscribing post-retirement observe, the judiciary minimises conflicts arising from potential biases.
- Sustaining Judicial Dignity: Practising regulation after retirement may undermine the authority and dignity of those that served on the Supreme Court docket degree.
- Stopping Undue Affect: Entry to delicate data whereas serving may create moral considerations if utilized in subsequent authorized instances.
Roles A CJI Can Take Up After Retirement
Whereas they can’t practise regulation within the courts, retired CJIs and Supreme Court docket judges typically discover alternatives in numerous capacities, contributing to the authorized area with out contravening moral requirements:
- Arbitration and Mediation: Retired justices typically turn out to be arbitrators or mediators, the place their experience in resolving advanced authorized issues is efficacious. The Arbitration and Conciliation Act, 1996, permits retired judges to function arbitrators.
- Commissions and Tribunals: Retired Supreme Court docket judges ceaselessly head or be a part of commissions such because the Nationwide Human Rights Fee or the Nationwide Inexperienced Tribunal, making use of their expertise to problems with nationwide significance and administrative adjudication.
- Educational and Academic Contributions: Many retired judges share their data by instructing at regulation colleges, conducting lectures, or authoring publications.
- Public Service: Retired judges could also be appointed to constitutional roles, akin to governors or members of governmental committees.
Criticism
Critics argue that retired judges accepting roles in authorities our bodies may create a notion of favouritism. As an example, former CJI Ranjan Gogoi’s nomination to the Rajya Sabha, shortly after his retirement, led to heated debates on whether or not such positions undermined judicial independence.