On November 10, Chief Justice DY Chandrachud will retire, passing the role to Justice Sanjiv Khanna on November 11. Retired Supreme Court judges, including CJIs, are prohibited from practicing law to maintain judicial integrity and public trust, as outlined in Article 124(7). They may pursue roles in arbitration, commissions, academia, or public service, though some post-retirement appointments raise ethical concerns about impartiality.
New Delhi: On November 10, Chief Justice of India (CJI) DY Chandrachud will step down, marking the end of his influential tenure. He will pass the mantle to Justice Sanjiv Khanna, who will become the 51st Chief Justice of India on November 11. As the judiciary undergoes this transition, it upholds a core principle—retired Supreme Court judges, including CJIs, are prohibited from practising law, a restriction underscored by Article 124(7) of the Constitution.
This prohibition reflects the ethical standards essential to India’s judicial independence and public trust. By barring former judges from courtroom practice, the judiciary reinforces its impartiality and preserves its authority. As a result, CJIs retire with integrity, ensuring that no decisions taken during their tenure could be questioned on grounds of future professional gain.
Why CJIs Are Barred from Post-Retirement Practice
The restriction is grounded in ethics and the desire to safeguard public faith in the judiciary. As arbiters of justice, judges hold considerable influence. Allowing them to practice law post-retirement could lead to concerns about bias or conflict of interest. This prohibition assures citizens that a judge’s rulings are not influenced by the prospect of career advancement or private gain. Instead, the legacy of a CJI is solely their commitment to justice.
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The ban also helps maintain the dignity and impartiality of retired judges, preventing any potential misuse of the sensitive information they acquire during service. By avoiding the appearance of any undue influence, the judiciary sustains its foundational role as a fair and independent body within the democratic framework.
Post-Retirement Roles Open to CJIs
While CJIs and Supreme Court judges cannot return to courtroom practice, they still contribute significantly to the legal and public sector in other capacities. Their expertise remains valuable, and they often take on roles that uphold the judiciary’s integrity and independence:
- Arbitration and Mediation: Under the Arbitration and Conciliation Act, 1996, retired justices can serve as arbitrators and mediators, applying their legal insights to dispute resolution outside the courts. Their involvement adds credibility and fairness to arbitration proceedings.
- Commissions and Tribunals: Retired Supreme Court judges are often appointed to commissions like the National Human Rights Commission or the National Green Tribunal, where they address matters of public welfare and adjudicate on crucial administrative issues.
- Academic Contributions: Many retired judges share their expertise by lecturing at law schools, writing scholarly publications, and participating in seminars, thereby inspiring the next generation of legal professionals.
- Public Service: Retired CJIs can also serve in constitutional or public service roles. They may be appointed as governors or members of government committees, leveraging their experience in leadership positions.
Criticisms and the Debate on Post-Retirement Appointments
The acceptance of certain roles by retired judges has sparked debates. Critics argue that accepting positions within government bodies could appear as a compromise of judicial independence. For example, the nomination of former CJI Ranjan Gogoi to the Rajya Sabha stirred significant controversy, raising questions about impartiality.
Ultimately, the judiciary’s ethical framework, including the restriction on post-retirement practice, aims to sustain public trust in a judiciary that remains neutral and above reproach. As CJI Chandrachud hands over his responsibilities to Justice Khanna, his retirement is a testament to the values and unwavering ethics that define India’s highest court.
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