Senior BJP leader Arun Jaitley went to the extent of saying that as law minister in the NDA government he would be uncomfortable meeting retiring judges for fear of getting a job request.
“This clamour for post-retirement jobs is adversely affecting the impartiality of the judiciary... When I was a minister, I would be wary of meeting retiring judges for the fear that he would hand me his bio-data,” Jaitley said, speaking at a conference organised by the BJP legal cell.
Party president Nitin Gadkari suggested a two-year cooling-off period. “...even before they retire, it is decided for them as to which commission they will go to... There should be a gap of two years after retirement because otherwise the government can directly or indirectly influence the courts,” Gadkari said.
“I have seen some judgments recently that when tribunals are formed, retired judges should be sent there. Now through judicial verdicts post-retirement jobs are being created... We are the only country in the world where judges appoint judges. I saw a recent judgment that said that only judges should be appointed in Central Information Commission and the law should be changed. It is indirectly a direction to Parliament,” Jaitley said.
“Courts can’t frame laws, courts can’t administer the state, courts can’t fight terrorism... The tendency of the judges to follow the ballot box, the tendency of the judges to get carried away with the times, has to be avoided,” he said, adding that he wasn’t against longer tenure for judges.
As reported by this newspaper, of the 21 judges who have retired from the Supreme Court since January 2008, 18 have joined various commissions and tribunals.
If the two year rule had been there in the past, we would have been saved from that moron who doesn't know the difference between infinity and indeterminable and still heads the Press Council
Arun Jaitley is right. Employment immediately after retirement to a judge is a sure shot sign of his having been won over to do the dirty work for the ruling party. I will suggest a gap of a minimum of 5 years. In fact there should be a minimum gap of 5 years for all members of the All India services. Some of them never ever retire and have been known to die in harness.
Dear Sir, I fully agree and endorse the suggestion made by Mr Arun Jaitly and Mr Gadkari. This is the first concrete suggestion which I have seen for a long time coming from the opposition. I would take this forward, let this cooling off period be applicable to IAS and Armed Forces Officers, Police Officers, and Foreign Service Officers, this bar should include Governership as well. Except if any of them would like to enter active politics, any employment with PSU's or any Govt controlled organization should carry a two year cooling period. It is a good suggestion, I feel Govt should accept it and include all that is suggested above.
WHAT IS WRONG IN JAITLEYS ARGUMENT? JUDICIARY HAS, THROUGH CERTAIN JUDGEMENT, LET INDIA DOWN N IS IN COHOOTS WITH THE CORRUPT. WHY IS CONGRESS GETTING ITS BOTTOM COALED WHEN PRESENTED BY FACTS N MAKING OBVIOUS ITS UNWILLINGNESS TO FIGHT CORRUPTION.
Anybody expecting justice from our judiciary would be either a first timer, or a fool or a criminal who got away because of his/her ability to influence the judges! Just listing the examples of cases of miscarriage of justice would make the volume heavier than Mahabharatha. Two examples from recent history would suffice for now- the judges assets case and the date of birth case. And for records, even the recent order to appoint retired judges as information commissioners is illegal. Just read art 124(7) and 220 of the Constitution to know what all high court and supreme court judges can do after retirement. And to just leave a broadside- I suggest that sec 13(5)(a),(b) and 16(5)(a), (b) of the RTI Act be amended to make the information commissioners equivalent to just munsifs with pay and perks a little less than them (because job requirement is only that much) and see how the transparency law gets enforced right and proper!
The observation of Sh Jaitly is perfectly right,this also amounts to corrupt practice,The Supreme court judgement on information commissioners,though a step in right direction yet this amount to transgression of powers conferred under the constitution.
UNLESS TOTAL BLOCKADE ON JOBS TO RETIRING JUDGES IMMEDIATE/IN CONTINUITY OF SUPERANNUATION IS CONSTITUTIONALLY MADE,ELEMENT OF FAVOURITISM FOR THIS 'LOLLIPOP' / ALLUREMENT CAN NOT BE RULED OUT. A LIST OF ALL THOSE SUPERANNUATED PAST THREE YEARS BE MADE ,AND SERVICES OF THESE JUDGES BE USED ON CONTRACTUAL BASIS IN SERIALITY ,SUBJECT TO ENDORSEMENT BY CHIEF JUSTICE.NOT TOBE QUOTED ,I HAVE LEGION INSTANCES OF SALEABILITY OF MORAL VALUES IN JUDICIARY FOR THE SAKE OF THIS ALLUREMENT. REMEMBER JUDICIARY IN INDIA HAS MAXIMUM PERQUES.
This is a vaslid point. Judges are increasingly being used for jobs that are outside the confines of their court rooms. In an essay in the LRB as earlyu as in 2003 Conor Gerarty had discussed this issue and has oopined against this malaise. Jaitely's poijnt is vrery valide. OUr judges should not take up such assignments nor the government should offer them any such assignments.
It is a very good suggestion from Mr.Jaitley. I may also add one thing that post retirement if any judge is appointed as arbitrator in any case by the judicial order then his total fee (including reimbursement of expenses) from all the parties to the dispute must be fixed before hand which should be very reasonable. It will indirectly also help in restricting the number of hearings which are at times unnecessary prolonged while deciding the arbitration case.
Judges community in India is most respected. No political leader(most powerful persons in India) do not dare to attack openly a judge against his rulings. But there are instances that judgement is molded, favored to ruling party or political leaders. These are dangerous to the judicial system. Hope of getting job after retirement influences judges. If post retirement job is stopped, if not totally, at least for a few years, judgement biased to ruling party can be reduced. I think this should be stopped for election commissioners also and for other government senior servants or executives.
Not just judges all the bureaucrats, Babus should be barred from anyking of engagement for atleast 2 years after retirement - as after retirement they are hired for liason and they influence the bureucracy or act as link for gratification or influence for their new employers. They should not be allowed to become consultant or whatever it be. This condition should be part of their government employment agreement. This is very necessary particularly in the Indian Governmental system which is being run by 100% corrupted and extortionist bureaucrats, Baboo(n)s and politicians..