Chief Justice of India Justice Dhananjay Yashwant Chandrachud had recently said in an interview that if a judge retires, then after that he should give some time to himself. Even if he wants to go into politics, there should be a sufficient time gap. This interview of the Chief Justice has again brought the cooling off period into discussion.
In such a situation, let us know in detail in this report what this cooling off period is, why is it in discussion and will judges now not be able to become MPs after retirement?
What is cooling off period
This is the time period after retirement of a government employee, during which he cannot accept any other post. For example, take the post of Election Commission and government officer. When a government officer is on a post in elections, he does not have to accept any other post for a certain period after taking any decision related to the election. This is called cooling off period.
Cooling off period in private and public sector: When a person moves from private sector to public sector, he may also have to follow a cooling off period, so that he cannot take undue advantage of any information or influence related to his previous workplace.
Why is a cooling off period needed
In the context of judges, cooling off period refers to a period of time during which a judge cannot hold any other position, especially a government or political position, after retiring from his office. Its purpose is to maintain judicial independence and impartiality, so that there is no potential conflict of interest in the judge’s decision.
In India, a cooling off period is required for judges to refrain from holding any political or government office for some time after retirement. The purpose of this is to ensure that judges do not take any decisions during their tenure that may be against their future benefit. However, this cooling off period may vary in every judicial system and there is still extensive discussion and debate in India in this regard.
Who are the people who cannot enter politics after retirement?
- Comptroller and Auditor General of India
- Home Secretary
- Cabinet Secretary
What else did CJI Chandrachud say on judges getting involved in politics
The Chief Justice said, "Whether judges should go into politics or not is a different matter. This is a matter of debate. But if they are going into politics, there should be a cooling off period. I think that once you are appointed a judge, you remain a judge for life. Whether you are working in the court or not or you retire. But when a common citizen sees you, he thinks that you are a judge."
Justice should not only be done but should also be seen to be done: CJI DY Chandrachud
CJI Chandrachud said, "The speech and behaviour of the judge should remain the same even after retirement. I do not want to review someone else’s decision. We say that justice should not only be done but should also be seen to be done. Suppose the judge was in court today and tomorrow after retirement he joined a political party, what will the common man think?"
How many judges chose politics after retirement
There have been some judges in India who have joined politics after retirement. This often becomes a topic of discussion because to maintain the independence and impartiality of the judiciary, it is important that judges stay away from politics. Here are some prominent judges who joined politics after retirement.
Justice Ranganath Misra: Ranganath was the 21st Chief Justice of India (1990-1991). He joined the Indian National Congress after retirement and was nominated as a member of the Rajya Sabha.
Justice Baharul Islam: Baharul Islam was a Supreme Court judge (1980-1983). He was a member of the Indian National Congress and served as a member of the Rajya Sabha before becoming a Supreme Court judge. After retirement from the post of judge, he also contested elections on a Congress ticket.
Justice Mir Qasim: Qasim is a former Chief Justice of the Kashmir High Court. After retirement, he joined the National Conference party and served as the Chief Minister of Jammu and Kashmir.
Justice Markandey Katju: Markandey Katju has been a Supreme Court judge (2006-2011). He did not enter direct politics, but has often commented openly on political issues through his views. Although he did not enter active politics, he has made his mark as a prominent public personality discussing political matters.