Ethical implications of Judges accepting Official position after retirement

Home > Current Affairs  > Ethical implications of Judges accepting Official position after retirement

22 Mar Ethical implications of Judges accepting Official position after retirement

Posted at 22 Mar 2024 in Current Affairs by
0 Likes

Source – The Hindu and PIB.

 

General Studies – Indian Polity and Governance, Article 217 of the Indian Constitution, Judicial propriety, judicial impartiality and integrity of the judiciary, Collegium system, Evolution of the collegium system and its criticism, Official resignation of the Chief Justice of India (CJI) Ethical implications of accepting office.

 

Why in the News ?

  • Recently, after the announcement of the dates of 2024 Lok Sabha general elections in India, former Calcutta High Court judge Abhijit Gangopadhyay has resigned from his post and has joined a major national political party of India.
  • After former Kolkata High Court judge Abhijit Gangopadhyay joined a major political party in India soon after resigning from his post, yet again such steps have been taken by a judge of the High Court and Supreme Court in India. Discussion has started again on the appropriateness and importance of lifting.
  • There was talk in India after President of India Ramnath Kovind nominated Chief Justice Ranjan Gogoi of the division bench of the Supreme Court, which gave the verdict in the case of construction of Ram temple in Ayodhya, as a member of the Rajya Sabha after his retirement. After this, are the moral implications of accepting any kind of official position by the judges of the Supreme Court of India or the judges of the High Courts, right or wrong?
  • In 1967, former Chief Justice of India (CJI) Koka Subba Rao resigned three months before his retirement to contest the presidential elections as an opposition candidate.
  • Justice Baharul Islam of the Supreme Court of India tendering his resignation to contest the Lok Sabha elections in 1983, six weeks before his retirement, also brought into focus the ethical implications of judges accepting official positions after retirement.

 

Ethical concerns related to a judge accepting any kind of official position after his resignation for politics in India :

 

  • The concerns arising from the resignation of a judge from the judiciary to join active politics in India have some significant ethical implications which affect the perception of judicial propriety and judicial impartiality and integrity of the judiciary in India.  Which are as follows – 

 

Judicial independence of the judiciary in India :

  • Law in India or Judicial independence is extremely important to ensure the rule of law and democracy.
  • In India, a judge joining a political party soon after retirement raises questions about the independence of the judicial decisions delivered by him while holding the office of a judge and raises concerns regarding the influence of political views on the functioning of the judiciary. Does.
  • In a democratic country like India, it is extremely important for judges to remain free from interference or influence from any outside party, including political institutions.

 

Judicial impartiality towards justice of the judiciary in India :

 

  • Any judge in India is expected to be neutral in ensuring justice and to give his decision only on the basis of facts and law without being influenced by his personal biases or any kind of external pressures and he should Ensure fairness.
  • Any judge in India being involved in any kind of controversies after joining any political party has been questioned over his impartiality while hearing the cases involving political matters by the decisions of the judges currently holding the post of judge. Keeps rising.
  • Any former judge holding any kind of official position reduces the confidence of the people of India in the ability of the judiciary to deliver justice impartially and gives rise to many types of doubts.

 

To ensure the confidence and trust of the Indian public towards the judiciary :

 

  • Due to the democratic form of governance in India, the Indian judiciary depends on the trust and confidence of the Indian public towards the judiciary to fulfill its role in the Indian society.
  • Involvement of any judge in India in accepting any official position undermines the perception of judicial integrity and impartiality of the Indian Judiciary which greatly affects the public confidence in the entire judicial system in India. Is.
  • Resignation of judges from the judiciary in India for active participation in politics may create a situation of doubt among the public about the independence and integrity of the Indian judiciary.

 

Situation of conflict of mutual interests :

  • Supreme Court or High Courts in India Judges or any judge are expected to avoid conflicts of interest and maintain the integrity of the judicial process.
  • The involvement of judges in India in political activities, particularly their controversial statements and judgments while serving on the Court, has raised concerns regarding their personal conflicts of interest.

 

Issue of appointments to official posts after retirement from the post of judge :

 

 

 

  • The last few years, some retired judges had accepted government posts after retirement in India. This practice of retired judges assuming official positions after retirement completely blurs and doubts the concept of clear demarcation between the judiciary and the executive of India.

 

Post-retirement tasks for judges in India :

 

  • The Indian Constitution does not explicitly prohibit judges from taking up post-retirement assignments, but to minimize potential conflicts of interest between them. ‘Cooling-off period applies’  Suggestions have been given to do so.
  • Regarding the post-retirement cooling-off period for judges in India, former CJI of the Supreme Court of India, R.M. Lodha had recommended a cooling-off period of at least 2 years.
  • ‘Cooling-off period’ concept of any kind in India Officers retiring from sensitive posts are generally debarred from accepting any other appointment for two years.
  • Someone high and sensitive in India In case of holding posts, this cooling-off period is based on breaking the connection between the previous appointment and the new appointment through a sufficient period of time.

 

International systems of reappointment of judges to official posts outside India :

 

  • Outside India, judges of the Supreme Court in the United States never retire in their lifetime but remain in office for life to prevent conflict of interest between the judiciary and the executive.
  • In the United Kingdom, there is no law preventing judges from taking any type of jobs after retirement, but no judge has yet done so, which would suggest a different view on the issue of their post-retirement roles. Explains the concept of.

 

Concept of Restatement of Values ​​of Judicial Life :

 

  • The Supreme Court of India in the year 1997 outlined the ethical standards and principles for judges.‘Concept of Restatement of Values ​​of Judicial Life’ Was adopted. Following are the main provisions of the ‘Restatement of Values ​​Concept of Judicial Life’:– 
  • Judges in India must be neutral and impartial: not only must justice be done, but justice must also be seen to be done. The conduct of judges should also reaffirm the faith and trust of the people of India in the impartiality of the judiciary.
  • Judges in India should also avoid establishing close relations with individual members of the Bar Council.
  • In India, if any member of a judge’s family is a lawyer by profession, that judge should refrain from hearing cases related to his family member and also should not participate in public debates on political matters.
  • Judges in India should not seek any means of financial gain and should not speculate in shares or engage in any kind of trade or business.
  • Judges in India must always be conscious of the fact that their lives and their judicial decisions are always under public scrutiny.
  • Therefore, the actions of judges in India should not benefit even the high position they hold.

 

Solution to the problem :

 

The following constitutional and judicial reforms can be made as a solution to the problem of judges accepting official position after retirement –

 

Implementation of the recommendations of the 14th Law Commission :

  • The recommendations of the 14th Law Commission Report, 1958 have suggested a solution to this type of problem with judges in the Indian Judiciary which lays emphasis on developing such a system.
  • The recommendations of the 14th Law Commission Report, 1958 ensure providing financial security to the judges without compromising the independence of the Indian judiciary in any way.

To increase transparency in the judiciary of India :

 

  • There should be greater transparency in the process of appointing retired judges to official posts after retirement in India.
  • The selection criteria for appointing judges to post-retirement official positions in India should be strictly transparent, ensuring open competition throughout the appointment process, as well as public disclosure of the reasons behind each appointment.

 

To ensure promotion of high judicial ethics and high standards in the Judiciaries of India :

 

  • Strengthening ethical guidelines and standards for judges during their tenure and after retirement can help maintain the integrity and impartiality of the judiciary in India.
  • Judges should be encouraged to give priority to public confidence in the judiciary over personal interests.

 

It should be mandatory to impose cooling-off period in India :

 

  • Based on the recommendations suggested by former Chief Justice of the Supreme Court of India, R.M. Lodha, there should be a mandatory cooling-off period between the retirement of a judge and his eligibility for any post-retirement assignment.
  • Having this mandatory cooling-off period in India will help ensure impartiality while reducing potential conflicts of interest of judges or other high officials. This will promote fairness and transparency in the high level judiciary or even the high level executive in India.

 

conclusion :

 

  • The resignation of a former judge of the Calcutta High Court and his decision to enter politics raises significant ethical concerns regarding judicial impartiality, independence, conflict of interest, public trust and professional responsibility in the high level judiciary in India. Expresses.
  • The main reason for these concerns in India is the far-reaching impact it has on the integrity and credibility of India’s judiciary, underscoring the importance of maintaining high ethical standards in justice and administration in India.
  • The impartiality and judicial activism of the judiciary in India, even after the division bench of the Supreme Court that delivered the verdict in the case of construction of Ram temple in Ayodhya and the nomination of Chief Justice of India Ranjan Gogoi as a member of the Rajya Sabha by the President of India Ramnath Kovind A question was raised regarding. So in IndiaThere is a need to clearly define the ethical implications of judges accepting official positions after retirement and to ensure judicial impartiality, transparency and judicial neutrality, so that the Indian public has confidence in the higher judiciary and does not have to worry about what happens to it. Courage can be generated to protest against any injustice or violation of fundamental rights and Indian citizens can say against any kind of injustice that –“I will see you in court.”
  • “I will see you in court”  It is not just a slogan or quotation but it is a symbolic belief of the Indian people in the justice that will be done to them and the trust they have in the higher judiciary of India. Therefore, before the judges in India accept the official post after retirement, it should be considered that the Indian public still has faith in the higher judiciary of India. What has to be done is that even today the basic elements of democracy and the faith and trust of the people of India towards the judiciary still exist in India. It is on the shoulders of the higher judiciary and the higher executive to keep this trust and confidence of the Indian people alive. So that democracy remains in India and people have faith in justice. This is the victory of democracy in the true sense.

 

Practice Questions for Preliminary Exam :

 

Q.1.Consider the following statements regarding judges accepting official positions after retirement in India.

  1. Regarding the post-retirement cooling-off period for judges in India, former CJI of the Supreme Court of India, R.M. Lodha had recommended a cooling-off period of at least 2 years.
  2. The recommendations of the 14th Law Commission Report, 1958 ensure providing financial security to the judges without compromising the independence of the Indian judiciary in any way.

Which of the above statement / statements is/are  correct ?

(A) Only 1

(B)  Only 2

(C) Neither 1 Nor 2

(D) All of the above.

 

Answer- (D)

 

Practice Questions for Main Exam :

Q.1. Highlighting the various dimensions/aspects of judges accepting official post after retirement in India, discuss whether it is constitutional and appropriate for judges to accept official post after retirement in India or unconstitutional and inappropriate ? present rational thoughts.

 

Tags:
No Comments

Post A Comment