Chief Justice of India (CJI) DY Chandrachud is set to demit office on Sunday, November 10, bringing an end to his term that has seen significant developments in the Indian judiciary. His successor, Justice Sanjiv Khanna, the senior-most judge in the Supreme Court, will take charge on Monday, November 11.
The role of the Chief Justice of India is pivotal in maintaining the integrity of the judiciary and safeguarding the Constitution. However, once their term ends, the duties and responsibilities of a CJI take a different turn, and the question arises: what do Chief Justices do after their tenure ends?
No Law Practice: The Constitutional Ban
One of the key aspects that defines the post-retirement life of a Chief Justice is the prohibition on practicing law in any Indian court after their tenure. This rule, enshrined in Article 124(7) of the Indian Constitution, is a significant ethical measure that upholds the impartiality and integrity of the judiciary even after a judge’s retirement.
The ban is in place to ensure that retired judges do not benefit from any undue advantages or perceived biases in their legal career. It also reflects an essential aspect of judicial independence, preventing any suspicions that past rulings may have been influenced by future career aspirations.
Why Is There a Ban on Post-Retirement Practice?
The ban on post-retirement law practice is grounded in strong ethical considerations, designed to preserve the public’s trust in the judicial system. Here are the primary reasons for this rule:
- Avoiding Conflicts of Interest: The prohibition helps prevent potential conflicts arising from a judge’s previous involvement in high-profile cases. It ensures that former judges do not advocate for clients who may have appeared before them during their tenure.
- Maintaining Judicial Dignity: The dignity and authority of the Supreme Court could be undermined if retired judges returned to practice law. Serving as a judge at the highest level of the judiciary carries significant prestige, and post-retirement practice could dilute that.
- Preventing Undue Influence: Given the sensitive information that judges are privy to during their service, the risk of misuse in subsequent legal practice is a concern. The ban ensures that retired judges do not use insider knowledge to influence future cases.
What Roles Can Retired CJIs Take Up?
While CJIs and other Supreme Court judges are barred from practicing law post-retirement, many still find significant roles within the legal and public service spheres. Some of the key opportunities include:
- Arbitration and Mediation: Retired judges often take up roles as arbitrators or mediators, helping resolve complex legal disputes. Under the Arbitration and Conciliation Act, 1996, they can serve as arbitrators, lending their expertise to facilitate out-of-court settlements.
- Commissions and Tribunals: Retired judges are often appointed to head or join various commissions and tribunals such as the National Human Rights Commission (NHRC) or the National Green Tribunal (NGT). These bodies deal with critical national issues, and the experience of retired judges is invaluable in administering justice in these areas.
- Academic Contributions: Many retired CJIs contribute to the legal community by teaching at law schools, giving guest lectures, or writing scholarly articles. Their insights into the law and judicial process are a rich resource for future generations of legal professionals.
- Public Service Roles: In some cases, retired judges may be appointed to constitutional roles, such as governors or members of governmental committees, where their legal acumen and understanding of governance can contribute to national development.
In Conclusion
As Chief Justice DY Chandrachud prepares to step down, his legacy will continue to influence the Indian judiciary. While post-retirement restrictions limit their involvement in practicing law, former CJIs, like Chandrachud, often remain engaged in various significant roles that continue to serve the nation’s legal and public needs.
Sources By Agencies
