DY Chandrachud's Last Working Day: What Do Chief Justices Do After Term Ends
Chief Justice of India DY Chandrachud will demit office on Sunday, November 10
He will be succeeded by Justice Sanjiv Khanna, currently the senior-most judge in the Supreme Court. and Justice Khanna will take charge on Monday, November 11
Once their tenure ends, CJIs and other Supreme Court judges are prohibited from practicing law in any Indian court, according to Article 124(7) of the Constitution
Why The Ban
The ban on post-retirement practice has a strong ethical foundation, aimed at preserving public confidence in the judiciary's independence and integrity
The judiciary is a pillar of democracy, and its credibility relies on perceived and actual impartiality
Allowing a judge to advocate after serving could raise suspicions about career-driven rulings during their tenure
Key Reasons
Avoiding Conflicts: By restricting post-retirement practice, the judiciary minimizes conflicts arising from potential biases
Maintaining Judicial Dignity: Practising law after retirement could undermine the authority and dignity of those who served at the Supreme Court level
Preventing Undue Influence: Access to sensitive information while serving could create ethical concerns if used in subsequent legal cases
While they cannot practice law in the courts, retired CJIs and Supreme Court judges often find opportunities in various capacities, contributing to the legal field without contravening ethical standards:
Arbitration and Mediation: Retired justices often become arbitrators or mediators, where their expertise in resolving complex legal matters is valuable
The Arbitration and Conciliation Act, 1996, permits retired judges to serve as arbitrators
Commissions and Tribunals: Retired Supreme Court judges frequently head or join commissions such as the National Human Rights Commission or the National Green Tribunal, applying their experience to issues of national importance and administrative adjudication
Academic and Educational Contributions: Many retired judges share their knowledge by teaching at law schools, conducting lectures, or authoring publications
Public Service: Retired judges may be appointed to constitutional roles, such as governors or members of governmental committees
Critics argue that retired judges accepting roles in government bodies could create a perception of favouritism
For instance, former CJI Ranjan Gogoi's nomination to the Rajya Sabha, shortly after his retirement, led to heated debates on whether such positions undermined judicial independence