What’s Next for Chief Justice DY Chandrachud as His Tenure Ends? Exploring Post-Retirement Paths for India’s Top Judges
Chief Justice of India (CJI) DY Chandrachud’s impactful term ends on November 10, and as he transitions out of office, his career path will likely follow the unique trajectory that retired Indian Chief Justices often take. Justice Sanjiv Khanna will take over the esteemed role, marking a new era for the judiciary. But what opportunities await a retired Chief Justice, and what restrictions shape their post-retirement careers?
Why Chief Justices Don’t Return to Court Practice
One of the notable aspects of a CJI’s retirement is the inability to return to regular law practice. Article 124(7) of the Indian Constitution prevents former Supreme Court judges from practicing in Indian courts. This restriction isn’t arbitrary; it serves as a safeguard to maintain public trust in judicial impartiality and the judiciary’s credibility.
Allowing a former Supreme Court judge to practice law could lead to perceptions of favoritism or create a situation where previous rulings might be scrutinized through the lens of personal career motives. This rule helps preserve the dignity of the judicial office, emphasizing that its highest members are above any future courtroom gains or affiliations.
Opportunities for Retired Chief Justices
Despite this prohibition on regular practice, retired CJIs often find ways to contribute significantly in various legal, administrative, and public service capacities.
Arbitration and MediationRetired justices often transition into roles as arbitrators or mediators under the Arbitration and Conciliation Act, of 1996. With a wealth of judicial experience, they bring deep knowledge of complex cases, making them highly valuable for arbitration panels, where legal expertise is crucial.
Commissions and Tribunals
Retired Supreme Court justices are frequently invited to head commissions like the National Human Rights Commission (NHRC) or the National Green Tribunal (NGT). In these roles, they continue addressing issues of public and environmental importance, bringing unbiased judicial oversight to complex, often sensitive matters.Academic and Educational Roles
Education and knowledge sharing are common pursuits for retired judges. They contribute as guest lecturers at law schools, mentor young legal professionals and author insightful publications that enrich the legal field. This academic involvement often allows them to stay connected to evolving legal practices while guiding the next generation of legal minds.Public Service and Constitutional Roles
Retired judges may also serve in various government-appointed roles, such as state governors or members of significant governmental committees. Their experience lends an impartial and measured approach to governance, reinforcing democratic principles.
Potential Criticisms and Ethical Concerns
While these roles help retired judges contribute positively, some appointments have stirred debate. For instance, CJI Ranjan Gogoi’s nomination to the Rajya Sabha soon after his retirement raised concerns about potential conflicts of interest and the independence of the judiciary. Critics argue that appointments to high government positions shortly after retirement may inadvertently undermine public confidence in judicial neutrality.
The Legacy of Judicial Independence
Despite occasional controversies, these retired CJIs play an invaluable role in the broader legal ecosystem and public life. Their commitment to justice does not end with their tenure, and their contributions continue to influence Indian society, albeit in different capacities. For CJI Chandrachud, opportunities in these various fields could allow him to continue influencing and shaping Indian law and policy beyond his time on the Supreme Court.
ConclusionAs CJI DY Chandrachud leaves office, his legacy as a guardian of constitutional values will live on. Though he may not return to court practice, his legal acumen and deep understanding of judicial ethics promise significant contributions to India’s justice system in new ways.
Refrence From: www.ndtv.com