DY Chandrachud Retires: Here's What Chief Justices Do After Term Ends

Chief Justice of India (CJI) DY Chandrachud will retire on Sunday, November 10, and will be succeeded by Justice Sanjiv Khanna, the senior-most judge in the Supreme Court. Justice

Khanna will take over on Monday, November 11.

Photo Credit: PTI

No Post-Retirement Law Practice

The Chief Justice of India plays a crucial role in upholding justice and protecting the Constitution. Upon the completion of their term, the CJI and other Supreme Court judges are prohibited from practising law in any Indian court, as stipulated by Article 124(7) of the Constitution.

This restriction is designed to ensure that judges maintain their impartiality and avoid any conflicts of interest after their tenure.

Why the Ban?

The ban on practising law after retirement is grounded in ethical considerations, ensuring the continued public trust in the judiciary's independence and integrity.

As a fundamental pillar of democracy, the judiciary's credibility relies on both its perceived and actual impartiality.

Allowing a judge to resume legal practice post-retirement could raise concerns over decisions influenced by career motivations during their judicial tenure.

Key Reasons for the Ban

Avoiding Conflicts: The ban helps to prevent conflicts of interest that may arise due to potential biases.

Upholding Judicial Dignity: Practising law after serving at the highest judicial level could diminish the dignity and authority of Supreme Court justices.

Preventing Undue Influence: Judges who have access to sensitive information during their tenure may risk unethical use of such knowledge in future legal cases.

Roles Open to a Retired CJI

Although retired judges are not allowed to practise law, they often find other ways to contribute to the legal field:

Arbitration and Mediation: Many retired judges become arbitrators or mediators, bringing their expertise to resolve complex legal disputes. The Arbitration and Conciliation Act of 1996 allows them to serve in such roles.

Commissions and Tribunals: Retired Supreme Court judges often chair or join important commissions such as the National Human Rights Commission or the National Green Tribunal, applying their expertise to national issues.

Academic Contributions: Many retired judges teach at law schools, deliver lectures, or write books, sharing their knowledge with future legal professionals.

Public Service: Former judges can be appointed to constitutional positions, such as governors or members of various government committees.

Criticism

Critics argue that retired judges taking up positions in government bodies might create a perception of bias or favouritism.

A notable example is the appointment of former CJI Ranjan Gogoi to the Rajya Sabha shortly after his retirement, which sparked controversy and raised questions about the potential undermining of judicial independence.