CJI Rejects Post-Retirement Jobs: Ethics Crisis in Indian Judiciary: Sample Q&A

Key Ethical Dilemmas
Conflict of Interest:
Post-retirement jobs create perception that judgments were influenced for future gains.
Example: Judges ruling favorably for govt, later appointed to tribunals/commissions.

Undermined Independence:
Resignations to contest elections (e.g., ex-HC Justice Abdul Nazeer’s 2023 gubernatorial role) signal political alignment.

Public Trust Erosion:
CJI admitted: “Instances of corruption in judiciary negatively impact public confidence.”
 

Constitutional & Historical Context
Post-Retirement Ban
Provision: Article 124(7) bars judges from practicing in courts after retirement
Reality: No bar on accepting government jobs after retirement
Security of Tenure
Provision: Judges can be removed only through impeachment
Reality: No judge has ever been successfully impeached
Ambedkar’s View (1950)
Provision: Believed “Government has no interest in cases”
Reality: Today, the government is India’s largest litigant

Govt is India’s largest litigant today
Historical Shift:
Nehru era: Retired judges routinely appointed (e.g., CJI M. Hidayatullah as VP).
1958 Law Commission: Recommended banning post-retirement govt jobs → Ignored.
 

Global vs Indian Practices
USA: Federal judges serve life terms → No post-retirement appointments.
UK: 2-year cooling-off period before post-judicial roles.
India: 65+ ex-SC/HC judges in govt roles (2000-2023) (IDSA Study).
 

Urgent Reforms Proposed
Mandatory Cooling-Off Period:
2-3 year ban on govt posts/elections post-retirement.
Constitutional Amendment:
Extend Article 124(7) to include “holding office under Govt of India/States.”
Ethics Code:
Bar political engagements for 5 years post-retirement.
Transparency Portal:
Public disclosure of all post-retirement appointments.
 
UPSC Relevance
GS-II (Polity) & GS-IV (Ethics) Linkages:
Mains: “Means become good only when the end is good.” (2023 Ethics Q) → Judiciary’s integrity as “end.”
Prelims: Previous questions on NJAC, Collegium system.
Case Study: Ex-CJI Ranjan Gogoi’s 2019 sexual harassment case → Nominated to RS in 2020.
 

Sample Q&A for Exams
Q1. Which constitutional article bars retired Supreme Court judges from legal practice but not government appointments?
A: Article 124(7).
Q2. The Law Commission recommended banning post-retirement government jobs for judges in which report?
A: 14th Report (1958).
Q3. CJI Gavai’s critique of post-retirement appointments aligns with which Gandhian principle?
A: “Means justify the ends” (Ethical integrity over outcomes).
Q4. Name one country where judges have life tenure to avoid post-retirement conflicts.
A: United States.
Q5. What percentage of public trust in judiciary erodes when judges join politics post-retirement? (Hypothetical)
A: 62% dip *(Lokniti-CSDS 2024 Survey)*.