"Aires Rodrigues" (via indiaresists Mailing List)
2018-04-22 23:28:44 UTC
disturbing disquiet over the slippery slope on which judicial values are
slithering. With Narendra Modi all out to corrode and corrupt even the
Independence of the Judiciary, the current beleaguered Chief Justice of
India Dipak Misra who is due to retire later this year on Gandhi Jayanti,
may follow in the steps of a former Chief Justice of India
P. Sathasivam who within weeks of his retirement was rewarded by Prime
Minister Narendra Modi with an appointment on 31st August 2014 as the
Governor of Kerala.
To ensure the highest standards of judicial independence and to ward off
even the faintest trace of governmental influence on the judiciary, there
needs to be at least a two year âcooling off period" for retiring judges
before they accept any post retirement posting.
As judicial independence of Judges rests entirely on maintaining an
incorruptible detachment from the government of the day, it cannot be
allowed to be morally compromised by lobbying for cushy post-retirement
sinecure postings. We have witnessed instances where Judges have fixed
their retirement nests much prior to even demitting office.
In times when the Indian Judiciary is passing through a very turbulent
phase, this âjobs-for-the-judgesâ syndrome could place judges potentially
open to governmental influence leaving scope for "pre-retirement judgments"
being predisposed by the craving of a âpost-retirement job".
A former Chief Justice of India Justice R M Lodha led by example that
judges should not take any constitutional or other position at least two
years after demitting office. The Constitution of India is very clear
on the distinct roles of the Executive, Legislature and Judiciary.
It envisages a free, fair and independent Judiciary. The highest standards
of judicial independence must be ensured by warding off even the faintest
trace of governmental influence on the judiciary.
The demand to keep Supreme Court and High Court Judges away from
immediately taking such post retirement benefits becomes the need of the
hour and will thus ensure that those about to retire, do not run behind
those in the establishment thus giving a death knell to the independence of
the judiciary. There is a need of concerted efforts towards propping up
highest standards of judicial accountability.
The Judiciary should never be manned by persons who are tilted or aligned
to any political party. Judges should have the spine to crack on
illegalities done by all politicians, regardless of how high positions they
hold. It has to be ensured that judicial accountability is maintained at
all times with every Judge conforming to the highest
standards of uprightness and integrity. If Judges cannot independently
balance the scales of Justice, the Temples of Justice become pointless
ending up as dens of chicanery and jugglery.
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