SC dismisses plea on cooling off period for judges starting 'second innings'

New Delhi, Oct 08: The Supreme Court on Wednesday rejected a petition filed to seek its direction to fix cooling off period for judges before taking up any government assignment post-retirement.

The plea had sought SC direction for fixing a cooling off period anywhere between 2 to 5 years.

The plea comes days after former chief justice of India (CJI) justice RM Lodha, while retiring, had suggested that judges should not take any constitutional or other position at least two years after demitting office.

Justice Lodha's comments were in apparent disapproval of his predecessor P Sathasivam accepting the Kerala governor's post.

While interacting with the media just before his retirement, Lodha had advocated a two-year cooling-off period.

"I hold the view that the Supreme Court chief justice and judges, the high court chief justice and judges should not, post retirement, accept a constitutional position or positions connected with the government. Should it happen, it should be after a cooling off period of two years," the ex-CJI had said.

There are several constitutional institutions or committees headed by the retired chief justice of India, apex court judge or high court chief justice to which Lodha had suggested that one option was to amend these statutory provisions paving the way for alternatives or a wait of two years.

"If you want to stop it (judges occupying statutory bodies like NHRC or the tribunals), then amend these statutory provisions," he said.

"At least for sometime a judge is not given a constitutional position," he said.

OneIndia News