New Delhi: Chief Justice of India DY Chandrachud is set to step down from office on Sunday November 10. His successor Justice Sanjiv Khanna, who is currently the senior-most judge in the Supreme Court, will assume office the next day on November 11. While retired chief justices and Supreme Court judges are banned from practicing law in courts, they always find different ways to contribute to the legal sector while adhering to ethical guidelines:
Arbitration and Mediation: Many retired judges take on roles as arbitrators or mediators and use their extensive legal expertise to resolve complex disputes. The Arbitration and Conciliation Act, 1996, allows retired judges to serve in such capacities.
Commissions and Tribunals: Retired judges often lead or join important commissions and tribunals, such as the National Human Rights Commission or the National Green Tribunal, where they apply their knowledge to pressing national issues and administrative adjudication.
Academic Contributions: Several retired judges contribute to the legal field by teaching, giving lectures or publishing works in law schools and academic settings, sharing their expertise with future generations.
Public Service Roles: Former judges may also be appointed to important public service positions, including roles such as governors or members of government committees, where their experience can be put to use in shaping policy.
However, some critics argue that retired judges accepting government positions may create the perception of undue influence or favouritism. The nomination of former CJI Ranjan Gogoi to the Rajya Sabha soon after his retirement sparked debates over whether such appointments could compromise the independence of the judiciary.
Post-retirement practice ban
The Chief Justice of India (CJI) plays a major role in ensuring justice and safeguarding the Constitution. Article 124(7) of the Constitution bans former CJIs and Supreme Court judges from practising law after retirement. The ban maintains judicial impartiality and public trust.
By preventing post-retirement practice, the judiciary prevents potential conflicts of interest and avoids undermining the court’s dignity. It also helps preserve the integrity of legal proceeding and prevents undue influence from sensitive information acquired during their tenure. The ethical measure ensures the judiciary’s credibility and reinforces its independence in upholding justice.
