On the last day of his office, Chief Justice of India DY Chandrachud shared his reflections on the crucial role retired judges play in India’s legal system, particularly in post-retirement assignments in various tribunals. In an exclusive conversation with Hindustan Times, Chandrachud addressed several key issues surrounding the involvement of retired judges in public service and the media’s portrayal of such roles.
Chandrachud discussing the expectations that follow retired judges, emphasizing that the respect and scrutiny judges attract during their tenure persist even after their retirement. “I can assure you that my personal belief is that even when you lay down office as a CJI or a judge, people always look upon you as a judge or CJI,” he remarked, underscoring the responsibility to maintain high standards of behavior post-office. He stressed the importance of staying true to the office once held and upholding the integrity of the judiciary throughout one’s life.
Speaking about his post-retirement plans, Chandrachud said, "Society expects a certain standard of behaviour, and I do believe speaking for myself that I should be true to the office that I held and in everything I do after retirement."
The CJI emphasised the increasing significance of retired judges in the country’s legal framework, particularly in tribunals such as the National Green Tribunal, the National Consumer Disputes Redressal Commission, and the Telecom Disputes Tribunal. He pointed out that these tribunals, which handle high-value cases in sectors such as electricity, telecommunications, and the environment, require the expertise and integrity that only experienced judicial figures can offer.
“These tribunals handle cases of immense value, particularly as the economy has liberalized and private investments in sectors like electricity have increased. As such, there is a strong need for individuals with the highest levels of integrity and expertise to preside over these matters,” the CJI explained.
He emphasized that former judges, especially those with backgrounds in the Supreme Court or High Courts, are ideal for these roles due to their experience and understanding of complex legal issues. He added, "It is for this reason that former judges, particularly those from the Supreme Court and High Court, are appointed to these roles."
However, the CJI expressed concern over the negative perceptions in the media regarding retired judges accepting post-retirement roles in tribunals. He acknowledged that some members of the public and the media view these assignments with skepticism, often suggesting they may be a form of quid pro quo for favorable judicial decisions made during a judge’s tenure.
“This perception discourages many judges from accepting such roles,” the CJI noted, adding that "it is unfortunate, because it undermines the necessity of having experienced, ethical individuals managing these critical tribunals." He further stated that these assignments are necessary for the smooth functioning of India’s legal landscape and for ensuring justice in increasingly complex economic and legal matters.
The CJI further emphasized the broader implications of these perceptions, particularly in terms of economic development. He warned that the lack of experienced and ethical judges in these tribunals could hinder economic growth and the resolution of critical legal disputes.
"The real impact of this negative perception is that if we do not have judges with the highest levels of integrity and expertise in these positions, we are fundamentally affecting the progress and transformation of the economy. This is a serious concern because the functioning of these tribunals is key to handling disputes that arise from the increasingly complex legal and economic landscape," he explained.
The CJI also called on the media to reconsider how it portrays retired judges in such roles, urging a more constructive and understanding approach. “Therefore, I believe the media should reconsider how it portrays retired judges accepting these roles. We need former judges in these positions to ensure that the process is fair and trustworthy,” CJI Chandrachud said.
The CJI responding to the often-criticized practice of retired judges accepting positions in Tribunals, emphasised that these roles are vital for the smooth functioning of India’s legal system. He also stated that if Parliament has created an office specifically meant for a retired judge, there should be no issue with a former judge taking up that position after stepping down.
He said, "If parliament has created an office where a retired judge of the Supreme Court should hold that office why should we then castigate a judge who occupies that office after having seized to be a judge."
Chief Justice of India DY Chandrachud is set to retire on Sunday, November 10. Chandrachud, who assumed office on November 9, 2022, will be succeeded by Justice Sanjiv Khanna, who will take over as CJI on Monday, November 11.
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