Judges must put their house in order

Remunerative engagement of judges in legal work after their retirement is a violation of law

sudarshanagarwal

Sudarshan Agarwal | February 14, 2012



The matter which I wish to highlight is judicial accountability.  Judges of the apex court are expected to conform to the highest standards of rectitude and despite an occasional aberration, our apex court commands the highest respect both with the country and abroad.

The troubling feature that seems to take away the sheen from the judges is the post retirement engagement of the supreme court judges and chief justices in remunerative legal work.  Article 124 of the constitution forbids them to act or plead in any court or before any authority within the territory of India.  It is a well understood legal principle that what cannot be done directly, cannot also be done indirectly.  It is now a known fact that retired judges and chief justices (exceptions apart) have been engaging in chamber practice and giving written opinions under their signature for a consideration, for use in any court or before any authority.  This action violates against the spirit of Article 124.

Another aspect of judicial accountability relates to arbitration work being done by retired judges/chief justices of the apex court for a consideration while heading some statutory commission and enjoying the perks and privileges of a sitting judge/chief justice of the supreme court.

The question should not be allowed to remain ambiguous considering the increasing trend of retired judges/chief justices engaging in chamber practice, giving opinions which are submitted before courts or other authorities.  There is need to amend article 124 of the constitution to make explicit what is implicit therein.

Another disturbing trend that has emerged recently is the engagement of retired chief justices in filing affidavits before foreign courts on behalf of private clients.  It is painful to learn that while one former chief justice appearing for the plaintiff, a Japanese company swore an affidavit that speedy justice was a far cry in the Indian courts, another former chief justice appearing for the defendant gave evidence on affidavit to say that speedy disposal of cases was possible. The court will have to disbelieve one of them – an unfortunate situation indeed!

A former chief justice appeared in the witness box in a US district court to depose regarding the tardiness of the Indian judicial system.

One wonders if any judge of the US/U.K. apex court would appear or swear an affidavit in a court in another country.

These nagging questions must find an answer if we have to maintain the dignity and majesty of our judicial system.  The danger to the judiciary which is responsible for preservation of the Rule of Law and which is the bed rock of democracy is all from within and not from outside.

Anguish and concern have been voiced by two former chief justices of India – justice  MN Venkatachaliah, justice J S Verma and justice VR Krishna Iyer - and some eminent lawyers e.g. FS Nariman about this disturbing phenomenon in public fora and in articles touching upon the subject.

I feel that retired supreme court judges/chief justices should be forbidden, if necessary, by amending Article 124 from post retirement activity which may be influenced by the earlier office they held.  The remedy lies in giving them full salary as pension.  Government can utilize their services as arbitrators on its behalf and could seek their advice on important matters in national interest.
 

Comments

 

Other News

“Indians, yet treated like outsiders”

Moving to Delhi-NCR for education can be an exciting experience for students from Northeast India. It gives us a chance to meet new people, experience a different culture and become more independent. But living away from home also comes with challenges that people who have not experienced them may not al

Import duty on major edible oils cut

The government has reduced the Basic Customs Duty (BCD) on major imported crude edible oils with a view to moderating domestic edible oil prices, providing relief to consumers and mitigating inflationary pressures arising from the sharp increase in international edible oil prices.  

From pyramid to platform: BRICS agenda for Global South

In his opening address at the 18th BRICS Summit in New Delhi on September 12, prime minister Narendra Modi did something India`s diplomacy has been building towards for three years: he moved the ‘Voice of the Global South’ from a slogan to a work plan. Addressing the leaders, he argued that t

How to realise the full transformative potential of PM-JAY

The Pradhan Mantri Jan Arogya Yojana (PM-JAY), a welfare scheme which covers approximately 45 crore beneficiaries across India, provides cashless health cover of Rs. 5 lakh per family per year. It is the largest health insurance scheme which helped crores of poor families by reducing out-of-pocket expend

The missing men in India`s family planning story

Every pregnancy requires two people. Yet India`s family planning programme continues to ask only one of them to bear almost all of its medical consequences. The newly released National Family Health Survey-6 (2023-24) confirms just how entrenched this asymmetry remains: 36.5% of currently married women a

`Development must be judged beyond GDP, with rights and justice at core`

Delivering the IXth Chief Justice M.C. Chagla Memorial Lecture on ‘Human Rights and Sustainable Development Goals’, in Mumbai Friday,  former Chief Justice of India Bhushan R. Gavai questioned whether conventional economic indicators such as gross domestic product (GDP), national income,

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter