'Constitution Does Not Mention Cooling-Off Period For Judges Before Post-Retirement Appointments': Union Law And Justice Minister In Rajya Sabha

On Thursday (December 05), Chadha expressed that in recent years, the Supreme Court and High Court judges have been appointed to executive positions after their retirement.

He said that post-retirement posts raise concerns about conflict of interest, executive interference in the judicial process and independence of the judiciary

He suggested that (i) there should be a cooling off period for judges for 2 years to receive any executive or political position or any chairmanship of a committee after their retirement (ii) increase the pension of judges so that they do not take up any post-retirement positions (iii) judges should be appointed based on merit post-retirement

The Law and Justice Minister Meghwal responded that the Constitution does not mention the cooling period.

Meghwal also pointed out that statutory bodies and tribunals require retired judges with the necessary qualifications to function properly. He said that these bodies would not work if their posts were not filled.

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