In a significant transition, the Chief Justice of India, DY Chandrachud, is set to leave office on Sunday, November 10, 2024. He will be succeeded by Justice Sanjiv Khanna, the current senior-most judge in the Supreme Court, who will become India’s 51st Chief Justice.
CJI DY Chandrachud to demit office today
Justice Khanna will take charge as the new CJI on Monday, November 11, 2024, following the retirement of Justice Chandrachud, who served in the top judicial position for nearly two years.
Upholding Justice and the Constitution
The role of the Chief Justice of India is central to upholding justice and safeguarding the Constitution. However, once their tenure ends, CJIs and other Supreme Court judges are prohibited from practising law in any Indian court, according to Article 124(7) of the Constitution. This restriction reflects important ethical considerations, ensuring judges maintain impartiality even beyond their tenure.
Preserving Judicial Independence and Integrity
The ban on post-retirement practice has a strong ethical foundation, aimed at preserving public confidence in the judiciary’s independence and integrity. The judiciary is a pillar of democracy, and its credibility relies on perceived and actual impartiality. Allowing a judge to advocate after serving could raise suspicions about career-driven rulings during their tenure.
Key Reasons for the Ban
The restrictions on post-retirement practice serve several key purposes:
- Avoiding Conflicts: By restricting post-retirement practice, the judiciary minimizes conflicts arising from potential biases.
- Maintaining Judicial Dignity: Practicing law after retirement could undermine the authority and dignity of those who served at the Supreme Court level.
- Preventing Undue Influence: Access to sensitive information while serving could create ethical concerns if used in subsequent legal cases.
Roles Retired CJIs and Judges Can Take Up
While they cannot practice law in the courts, retired CJIs and Supreme Court judges often find opportunities in various capacities, contributing to the legal field without contravening ethical standards. These include
- Arbitration and Mediation: Retired justices often become arbitrators or mediators, where their expertise in resolving complex legal matters is valuable.
- Commissions and Tribunals: Retired Supreme Court judges frequently head or join commissions such as the National Human Rights Commission or the National Green Tribunal.
- Academic and Educational Contributions: Many retired judges share their knowledge by teaching at law schools, conducting lectures, or authoring publications.
- Public Service: Retired judges may be appointed to constitutional roles, such as governors or members of governmental committees.
Criticism and Debate
However, critics argue that retired judges accepting roles in government bodies could create a perception of favouritism. For instance, former CJI Ranjan Gogoi’s nomination to the Rajya Sabha shortly after his retirement led to heated debates on whether such positions undermine judicial independence.
As Justice Sanjiv Khanna takes on the mantle of Chief Justice of India, the focus will be on upholding the judicial system’s integrity and ensuring a seamless transition of power within the Supreme Court.
