Post retirement code of conduct

Hindustan Times

05-06-2025

Of the many irritants that threaten to mar the image of the judicial system, the apparent lure of post-retirement sinecures for sitting judges of constitutional courts must rank near the top. While there is nothing technically in either laws or the Constitution that bar judges from accepting post-retirement positions immediately after retirement, it creates an unsavoury perception of favouritism. This perception gets strengthened if the office is offered by the government or the ruling party, given that the government is the largest litigant. Unfortunately, administrations across the political spectrum have paid little attention to the spirit of the Constitution, instead prioritising short-term benefit by offering plum positions, ranging from governorships and Rajya Sabha berths to commission chairperson positions.
Chief Justice of India (CJI) Bhushan R Gavai's comments on post-retirement jobs this week should be seen in this context. Addressing a high-powered roundtable on judicial independence at the Supreme Court of the UK, CJI Gavai sounded a strong note of caution against judges accepting government posts or contesting elections immediately after retirement, warning that such practices raise 'significant ethical concerns' and risk eroding public confidence in the judiciary's independence. 'A judge contesting an election for a political office can lead to doubts regarding the independence and impartiality of the judiciary, as it may be seen as a conflict of interest or an attempt to gain favour with the government,' he said. The CJI is right in asserting that the timing and nature of many such post-retirement engagements carry the risk of undermining citizens' trust in judicial integrity and create the perception that decisions were influenced by the prospect of future appointments or political involvement. This can be damaging to the judiciary, which derives its moral authority from the citizen's implicit trust in its ability to be impartial and remain unsullied by political or economic considerations. CJI Gavai is correct in trying to underline the costs of such individual decisions on the institution's long-term credibility.
A public pledge by the CJI and some senior judges to not accept post-retirement positions is a step in the right direction. It is not this newspaper's position that judges shouldn't be engaged in any form of public life after their retirement. But any position of power that is in proximity to the government must carry a mandatory cooling-off period. And the push to safeguard judicial credibility and transparency must come not only from the judges, but also political parties.
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