Relevance : GS Paper II (Â Polity & Governance )
[ 850 words summarized to 150 ]
The judiciary needs a mechanism to regulate post-retirement government appointments.
Instances of accepting Government post by Judiciary
- After retirement, Justice Chagla served as Indian Ambassador to the U.S. and UK in 1960s.
- 70 out of 100 Supreme Court retired judges have taken up assignments in the NHRC, Armed Forces Tribunal, Law Commission of India, etc.
Should judges accept Government posts after retirement?
- It could affect the independence of the judiciary.
- The decisions in Tribunals can be influenced if the Government is both a litigant and appointment authority.
- Experience of judges cannot be wasted after retirement.
- Judges in India retire at a comparatively young age and are capable of productive work.
Way forward
- Establish a commission made up of retired judges to make appointments of competent retired judges.
- Supreme Court should put in place a process to regulate post-retirement appointments for judges.
Conclusion
To maintain the fabric of independence of the judiciary, judiciary must resolve expeditiously.
