DY Chandrachud’s Last Working Day: What Do Chief Justices Do After Term Ends

Chief Justice of India DY Chandrachud will demit workplace on Sunday, November 10. He will likely be succeeded by Justice Sanjiv Khanna, presently the senior-most choose within the Supreme Court docket. Justice Khanna will likely be India’s 51st Chief Justice, succeeding CJI Chandrachud. Justice Khanna will take cost on Monday, November 11.

No Regulation Apply

The function of the Chief Justice of India (CJI) is central to upholding justice and safeguarding the Structure. As soon as their tenure ends, CJIs and different Supreme Court docket judges are prohibited from practising legislation in any Indian courtroom, in accordance with Article 124(7) of the Structure. The restriction displays essential moral concerns, guaranteeing judges keep impartiality even past their tenure.

Why The Ban

The ban on post-retirement follow has a powerful moral basis, aimed toward preserving public confidence within the judiciary’s independence and integrity. The judiciary is a pillar of democracy, and its credibility depends on perceived and precise impartiality. Permitting a choose to advocate after serving might increase suspicions about career-driven rulings throughout their tenure.

Key Causes 

• Avoiding Conflicts: By limiting post-retirement follow, the judiciary minimises conflicts arising from potential biases.
• Sustaining Judicial Dignity: Practising legislation after retirement might undermine the authority and dignity of those that served on the Supreme Court docket degree.
• Stopping Undue Affect: Entry to delicate data whereas serving might create moral considerations if utilized in subsequent authorized circumstances.

Roles A CJI Can Take Up After Retirement

Whereas they can’t practise legislation within the courts, retired CJIs and Supreme Court docket judges usually discover alternatives in varied capacities, contributing to the authorized discipline with out contravening moral requirements:

• Arbitration and Mediation: Retired justices usually grow to be arbitrators or mediators, the place their experience in resolving advanced authorized issues is efficacious. The Arbitration and Conciliation Act, 1996, permits retired judges to function arbitrators.
• Commissions and Tribunals: Retired Supreme Court docket judges often head or be part of commissions such because the Nationwide Human Rights Fee or the Nationwide Inexperienced Tribunal, making use of their expertise to problems with nationwide significance and administrative adjudication.
• Educational and Instructional Contributions: Many retired judges share their data by educating at legislation colleges, conducting lectures, or authoring publications.
• Public Service: Retired judges could also be appointed to constitutional roles, corresponding to governors or members of governmental committees. 

Criticism

Critics argue that retired judges accepting roles in authorities our bodies might create a notion of favouritism. As an example, former CJI Ranjan Gogoi’s nomination to the Rajya Sabha, shortly after his retirement, led to heated debates on whether or not such positions undermined judicial independence.