Jumping Between The Lines Of Democracy: Examining Post-Retirement Roles Of Judges In India

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Anubhav Kumar Das, CHRIST (Deemed to be University)

ABSTRACT

The separation of the judiciary from the executive is a foundational principle in democratic legal systems worldwide, ensuring the judiciary's independence as a safeguard against potential abuses of power by the executive and legislature. Judges must conduct themselves in ways that inspire public confidence in the judicial system. However, the growing trend of appointing retired judges from the Supreme Court and high courts to various legislative, political, or quasi-judicial bodies raises concerns about the impact of such appointments on judicial independence. These post- retirement roles are seen as compromising the impartiality and integrity of the judiciary, which is a key constitutional value. This paper examines how such appointments undermine the principle of judicial independence, potentially tainting the judiciary's reputation and principles, and proposes mechanisms to ensure that vacancies in high offices like commissions and tribunals are filled transparently. It argues that preventing judges from immediately accepting lucrative post-retirement positions is essential to preserving the judiciary's integrity and maintaining public trust in democratic institutions.

JUMPING BETWEEN THE LINES OF DEMOCRACY- EXAMINING POST-RETIREMENT ROLES OF JUDGES IN INDIA.

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