Chief Justice of India DY Chandrachud will step down on Sunday, November 10, with Justice Sanjiv Khanna, the current senior-most judge of the Supreme Court, set to take over as the 51st Chief Justice of India on Monday, November 11.
No Law Practice After Retirement
The Chief Justice of India plays a vital role in upholding justice and protecting the Constitution. However, after their term ends, CJIs and other Supreme Court judges are prohibited from practising law in Indian courts, as outlined in Article 124(7) of the Constitution. This restriction emphasizes ethical principles, ensuring retired judges remain impartial and independent beyond their tenure.
Why the Ban?
The ban on post-retirement legal practice is grounded in ethics, preserving public trust in the judiciary’s independence. The judiciary’s credibility depends on perceived and actual impartiality; if former judges could practice law, it might lead to suspicions of bias in previous rulings.
Key Reasons Behind the Ban
1. Avoiding Conflicts: The restriction prevents potential biases that could arise from former justices practicing law.
2. Maintaining Judicial Dignity: Practicing law after retirement could diminish the respect associated with serving on the Supreme Court.
3. Preventing Undue Influence: Access to confidential information while in office could raise ethical issues if applied in later legal cases.
Roles a CJI Can Take After Retirement
Although they can’t practice law, retired CJIs and Supreme Court judges have various other career paths where they can still contribute to the legal field without compromising ethical standards:
– Arbitration and Mediation: Retired judges often serve as arbitrators or mediators, utilizing their expertise in complex legal matters under the Arbitration and Conciliation Act, 1996.
– Commissions and Tribunals: Many join commissions or tribunals, such as the National Human Rights Commission or the National Green Tribunal, applying their experience to administrative adjudication and national issues.
– Academia: Some choose to teach at law schools, give lectures, or write publications to pass on their legal knowledge.
– Public Service: Retired judges may be appointed to constitutional roles, including governor positions or government committees.
Criticism
Some criticize retired judges’ acceptance of government roles, as it may create perceptions of favoritism. For example, former CJI Ranjan Gogoi’s nomination to the Rajya Sabha shortly after retirement sparked debate over whether such positions compromise judicial independence.