Judges Should Be Prohibited From Accepting Executive Positions Post Retirement: Senior Advocate Dushyant Dave

Senior Advocate Dushyant Dave speaking on the 'Basic Structure Of the Indian Constitution & its Present Day Challenges' in a lecture organised by the Ernakulam Govt Law College Old Students and Teachers Association at Kochi on Saturday remarked that the practice of appointment of judges to executive posts after retirement, must be prohibited.

In an interactive session during the lecture, a member of the audience asked Dave about his opinion on the recent appointment of retired judges to executive posts. In this regard Dave said:

“Judges should be prohibited from accepting any kind of positions". Referring to the nomination of former Chief Justice of India Ranjan Gogoi as a Rajya Sabha MP and the appointment of former Supreme Court judge Justice Abdul Nazeer as a Governor within a span of few months after their retirement, Dave said that such appointments raise doubts in the public mind about "quid pro quo".

 Speaking of the role of the judiciary in protecting the basic structure, Dave said “the law as it stands today is sufficient, as long as it is implemented. Many a times judges don’t follow their own judgments. There is complete consistency in inconsistency in Supreme Court judgements and that is a matter of great concern.”

Dave also placed great responsibility on the judiciary for the current state of affairs in India. “I have no doubt in my mind that judges have failed us in more ways than one, in protecting the constitution and its morality and its ethos.“

During the course of the lecture Dave also shed light on why people were losing faith in the judiciary. “In many civil liberties cases, convenient judgments have been given to the government and even big businesses. It has been a matter of great personal disappointment to me as well.”

Dave also acknowledged that judiciary has done some remarkable works but added that it was under a challenge from within. "The judiciary is unable to become fiercely independent. Many judges in the last few years have failed us, but this doesn’t reflect on the entire judiciary", he said.

“I don’t disrespect judges, I do believe there are many good judges across the country. It is not the good judges that worry me, it is the bad ones that worry me a lot”, he added.

Dave also spoke at length about the history and evolution of the basic structure doctrine and the present day challenges to it, posed by ruling parties and the parliament.

The function was inaugurated by Sri. P Rajeev, Law Minister of Kerala and was presided by Justice Jayashankar Nambiar, Judge, Kerala High Court. The event was held at Angan Auditorium, Bharat Hotel, Ernakulam.

Live updates of the event can be accessed here.

Click here to watch the streaming of the event.