Retirement Shocks Former CJI Chandrachud from Courtrooms: What is in Store for India's Chief Judge?
Former Chief Justice of India DY Chandrachud, who retired recently, cannot practice law or render private legal services anymore. Article 124(7) of the Constitution bars all retired justices of the Supreme Court from appearing either for clients or before courts even after retirement. But what are the choices available to a retired CJ or CJI, and what benefits do they receive? In the following section, we look at the reasons behind this prohibition and the different choices available to retired justices in India.
Why Can't Retirees from Supreme Court Continue Practising?
Prohibition of post-retirement practice is sought to preserve the integrity and independence of the judiciary. The Constitution ensures that retired justices do not practice, thus staying away from conflicts of interest and ensuring judicial decisions had no biasing influence at the time of making. A CJI returning to court after retirement might undermine judicial impartiality because his statements or presence could ultimately go on to influence another judge. Such a position carries a level of respect and constitutional importance, which could be diminished if one were to appear as an advocate after retirement as the head of that very institution.
Moreover, justices at the Supreme Court level have access to highly secret information and privileged information. It would become easy for them, post-retirement, to misuse or accidentally leak confidential data, hence eroding the credibility of the judiciary and public trust in the court system.
Diversification of Roles for Retired Justices
Although retired Supreme Court judges can't work in the judicial system as a judge again, they can exercise their legal talent outside the court, which ranges to:
Arbitration and Mediation
The retired judges can excel themselves in arbitration or as mediators in civil as well as in commercial cases because this field is opened through Arbitration and Conciliation Act of 1996. Through arbitration, they can settle disputes between parties without appearing inside a court.
Commissions and Tribunals
The former justices take up the key position of chairing or serving on various commissions, tribunals, or councils, such as the Law Commission, Human Rights Commission, or National Green Tribunal. By going through those appointments, they can engage their knowledge on issues of national importance while sitting in pursuit of justice.
Academic and Advisory Positions
Many retired judges also go into academia, teaching their erudition as faculty members at law schools or publishing scholarly articles on difficult legal questions. Their contributions to law education can help the subsequent generation of legal professionals.
Constitutional Roles
There are examples where retired judges were made governors of states to share in the governance of those states in which they were governors. Justice SF Ali was the Governor of Jharkhand and Justice P. Satyanarayana Raju has been appointed Governor of Andhra Pradesh.
Controversies in Government Positions
Appointments of retired Supreme Court judges to government positions have often been controversial because the appointment is viewed as being of a kind of award for favorable judgments rendered during their tenure. The opposition gained significant voice when ex-CJI Ranjan Gogoi was nominated to the Rajya Sabha just after his retirement. Such appointments are opposed on grounds that it tends to create an image for the judiciary which is undignified as giving an impression of favoritism. While this is so, the government has argued that these roles give the justices a chance to share their valued knowledge and experience for the welfare of the country.
Retirement Benefits for Retired Ex-Supreme Court Judges
Retired Chief Justice of India and other judges of the Supreme Court are given numerous benefits in appreciation of their services that guarantee their security among others.
Residential and Security Provisions: Retired CJIs are provided with a Type-VII government residence in Delhi, separate from their official residence, for six months post retirement. They also receive lifelong personal security guards and 24-hour security coverage at their residence.
Travel and Airport Privileges: Retired justices are allowed to use ceremonial lounges in airports. This allows them to wait privately and securely within an area isolated from the public. The benefit this provides is, both comfort-wise and safety, beyond travel itself.
Lifetime Domestic Assistant: Retired CJIs are given a driver and domestic assistant for all time after retirement so that all their day-to-day needs are taken care of, as a mark of respect for long service.
Provisions for Future
Prohibition of practice in courts: Retired Supreme Court judges cannot practice law, which underlines a more overarching call for the preservation of judicial integrity as well as an abhorrence for any sort of conflict of interest. Through this new chapter of theirs, these newly accrued roles and prerogatives vested in Justice DY Chandrachud will enable him to continue contributing to Indian society, albeit in different capacities. It is this structured approach towards post-retirement activities that helps keep the sanctity and impartiality of the judiciary intact and keep former justices a respected figure within the legal field as well as the public sphere.
Also read: Justice Sanjiv Khanna Sworn In As India's 51st Chief Justice: Key Cases and Legacy Ahead
