The Centre Yesterday (Dec 6) told the Rajya Sabha that the Constitution does not mention any provision for a cooling-off period for judges after their retirement before joining statutory bodies or holding government posts.
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NEW DELHI: The Union Government clarified on Thursday in the Rajya Sabha that the Constitution does not mandate a cooling-off period for judges post-retirement before they assume roles in statutory bodies or government positions.
Responding to a question raised by Aam Aadmi Party (AAP) MP Raghav Chadha, Union Law and Justice Minister Arjun Ram Meghwal stated,
“There is no mention of a cooling-off period for judges in our Constitution. The tribunals and all statutory bodies are set up under the rule of law, and all these bodies need experts as per the qualifications set for the respective statutory bodies.”
Concerns Raised Over Judicial Independence
During the discussion, AAP MP Raghav Chadha brought attention to issues surrounding the independence of the judiciary. He emphasized the need to prevent retired judges from accepting executive or political appointments, proposing reforms to maintain judicial impartiality.
Chadha suggested that pensions for retired judges be increased to discourage them from seeking post-retirement roles in government or politics.
He further advocated for merit-based, politically neutral appointments, stating,
“This raises concerns among the public about the independence of the judiciary.”
To substantiate his concerns, Chadha cited examples of retired judges assuming political or executive roles, including appointments as Rajya Sabha members or Governors.
Such instances, he argued, have the potential to undermine public confidence in judicial independence.
No Plans to Raise Judges’ Retirement Age
Addressing additional concerns, Meghwal clarified that there are no proposals to either extend the retirement age for judges or introduce a cooling-off period.
Judicial appointments, he explained, are governed by Articles 124, 217, and 224 of the Constitution, along with key Supreme Court rulings from 1993 and 1998.
Currently, the retirement ages for judges are as follows:
- Supreme Court judges retire at 65.
- High Court judges retire at 62.
- District court judges retire at 60.
Rising Case Backlog in Judiciary
The Centre also highlighted the alarming backlog of cases across courts in India. As of 28 November, the number of pending cases stood at:
- 82,396 in the Supreme Court,
- 61,11,165 in High Courts, and
- 4,55,98,240 in district courts.
This extensive backlog underscores the pressing need for judicial reforms and increased efficiency in the justice delivery system.
By addressing these concerns, the government and stakeholders aim to uphold the independence and integrity of India’s judiciary, ensuring its credibility remains intact in the eyes of the public.
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