'Constitution Does Not Mention Cooling-Off Period For Judges Before Post-Retirement Appointments': Union Law And Justice Minister In Rajya Sabha
3 months, 2 weeks ago

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

Live Law  

Responding to suggestions by Member of Parliament Raghav Chadha on the 'cooling off period' for judges post-retirement, the Union Law and Justice Minister Arjun Ram Meghwal told the Rajya Sabha that the Indian Constitution does not mention anything about the cooling off period for judges. On Thursday, 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 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 increase the pension of judges so that they do not take up any post-retirement positions 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.

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History of this topic

Constitution doesn't mention cooling-off period for judges post-retirement: Centre
3 months, 2 weeks ago

Constitution doesn't mention cooling-off period for judges post-retirement: Centre

India Today  

The Centre on Thursday told the Rajya Sabha that the Constitution does not mention any provision for a cooling-off period for judges after their retirement before joining statutory bodies or holding government posts. Responding to a query by Aam Aadmi Party MP Raghav Chadha, Union Law and Justice Minister Arjun Ram Meghwal said, “There is no mention of a cooling-off …

Should judges accept official posts after retirement?
1 year ago

Should judges accept official posts after retirement?

The Hindu  

Recently, hours after resigning as a judge of the Calcutta High Court, Abhijit Gangopadhyay announced that he was joining the Bharatiya Janata Party. Some people disapprove of the practice of judges holding official posts after retirement; they believe that this may impinge upon the independence of the judiciary. Others, including those in the government, have pointed out that such posts …

DC Edit | Cooling-off period needed before judges join politics
1 year ago

DC Edit | Cooling-off period needed before judges join politics

Deccan Chronicle  

It all happened in a matter of days: A judge of the Calcutta high court announced that he would be resigning his job two days later, goes to the court the next day to complete pending official work and, thereafter, announces his resignation. That the judge passed a series of orders to the inconvenience of the state government in recent …

Lawyers' Body Moves Supreme Court Seeking 2 Years Cooling Off Period For Retired Judges To Accept Post-Retirement Appointments
1 year, 9 months ago

Lawyers' Body Moves Supreme Court Seeking 2 Years Cooling Off Period For Retired Judges To Accept Post-Retirement Appointments

Live Law  

Amid mounting criticism over retired judges accepting post-retirement sinecures, a public interest litigation petition has been filed seeking a ‘cooling off’ period of two years before any retired judge of the Supreme Court or high courts can accept a political appointment. The petition states: “Under Articles 32 and 226, the Supreme Court and the high courts enforce fundamental rights of …

Broad-Based Consultation Required On Raising Retirement Age Of High Court Judges: Union Law Minister
2 years, 11 months ago

Broad-Based Consultation Required On Raising Retirement Age Of High Court Judges: Union Law Minister

Live Law  

Union Law Minister Kiren Rijju in response to the query of P. Wilson, Member of Parliament, Rajya Sabha regarding enhancement of retirement age of Judges of the High Court, has stated that such a move would require broad-based consultation with the Attorney General for India, Ministry of Finance, Department of Legal Affairs, Legislative Department, Legal luminaries and other Stakeholders. P. …

Rajya Sabha Discusses Lack Of Social Diversity In Judiciary, Issue Of Post-Retirement Jobs Of Judges
3 years, 3 months ago

Rajya Sabha Discusses Lack Of Social Diversity In Judiciary, Issue Of Post-Retirement Jobs Of Judges

Live Law  

While considering the Supreme Court and High Courts Amendment Bill, 2021, members of the Rajya Sabha raised the issues of lack of social diversity in the judges of higher judiciary, post-retirement appointments, lack of transparency in the appointment of judges and the need to re-introduce National Judicial Appointments Commission. Post-retirement Jobs Members of the Rajya Sabha also spoke on the …

Post-retirement prospects for constitutional court judges tear the fabric of judicial independence
5 years, 6 months ago

Post-retirement prospects for constitutional court judges tear the fabric of judicial independence

Firstpost  

The government’s appointment of Justice Sunil Gaur as the chairperson of the Prevention of Money Laundering Appellate Tribunal has once again brought back into the spotlight questions of constitutional significance facing the independence and credibility of India’s higher judiciary. One public interest justification put forward in favor of post-retirement jobs is that judges of high courts and the Supreme Court, …

[Debate]Immediate Post-Retirement Appointment of Judges : Mutual Bonhomie between Executive And Judiciary?
6 years, 8 months ago

[Debate]Immediate Post-Retirement Appointment of Judges : Mutual Bonhomie between Executive And Judiciary?

Live Law  

"The Tribunals should not be heaven for retired persons and appointment process should not result in decisions being influenced if the Government itself is a litigant and appointment authority at the same time. Justice R.K Agrawal was appointed as the Chairman of the National Consumer Redressal Commission during last week of May, within a few weeks after his retirement from …

[Debate]Immediate Post-Retirement Appointment of Judges : Mutual Bonhomie between Executive And Judiciary?
6 years, 8 months ago

[Debate]Immediate Post-Retirement Appointment of Judges : Mutual Bonhomie between Executive And Judiciary?

Live Law  

"The Tribunals should not be heaven for retired persons and appointment process should not result in decisions being influenced if the Government itself is a litigant and appointment authority at the same time. Justice R.K Agrawal was appointed as the Chairman of the National Consumer Redressal Commission during last week of May, within a few weeks after his retirement from …

Increase in Retirement Age of Judges Isn’t Solution to Pressing Problems of Judicial Backlogs and Vacancies
6 years, 8 months ago

Increase in Retirement Age of Judges Isn’t Solution to Pressing Problems of Judicial Backlogs and Vacancies

Live Law  

Recently, BJP leader and advocate Ashwini Kumar Upadhyay addressed a letter to Prime Minister Narendra Modi requesting an increment in the retirement age of judges in India to 70 years. Hence, having retirement age above 65 years makes sense for developed countries as it enables to keep a larger proportion of their population in employment, however, for India which is …

Increase in Retirement Age of Judges Isn’t Solution to Pressing Problems of Judicial Backlogs and Vacancies
6 years, 8 months ago

Increase in Retirement Age of Judges Isn’t Solution to Pressing Problems of Judicial Backlogs and Vacancies

Live Law  

Recently, BJP leader and advocate Ashwini Kumar Upadhyay addressed a letter to Prime Minister Narendra Modi requesting an increment in the retirement age of judges in India to 70 years. Hence, having retirement age above 65 years makes sense for developed countries as it enables to keep a larger proportion of their population in employment, however, for India which is …

Increase Retirement Age Of Judges To 70 Years: BJP Leader Ashwini Kumar Upadhyay Writes To PM Modi
6 years, 8 months ago

Increase Retirement Age Of Judges To 70 Years: BJP Leader Ashwini Kumar Upadhyay Writes To PM Modi

Live Law  

In a letter addressed to Prime Minister Narendra Modi, BJP leader and Advocate Ashwini Kumar Upadhyay has requested an increment in the retirement age of judges in India to 70 years.In his letter, Mr. Upadhyay highlights the ever mounting backlog of cases that currently plagues the judiciary, pointing out that currently, more than three crore cases are pending in the …

Increase Retirement Age Of Judges To 70 Years: BJP Leader Ashwini Kumar Upadhyay Writes To PM Modi
6 years, 8 months ago

Increase Retirement Age Of Judges To 70 Years: BJP Leader Ashwini Kumar Upadhyay Writes To PM Modi

Live Law  

In a letter addressed to Prime Minister Narendra Modi, BJP leader and Advocate Ashwini Kumar Upadhyay has requested an increment in the retirement age of judges in India to 70 years.In his letter, Mr. Upadhyay highlights the ever mounting backlog of cases that currently plagues the judiciary, pointing out that currently, more than three crore cases are pending in the …

Compulsory Retirement For 12 District Judges After Jharkhand HC Notes ‘Dubious Conduct’
7 years, 7 months ago

Compulsory Retirement For 12 District Judges After Jharkhand HC Notes ‘Dubious Conduct’

Live Law  

Twelve District Judges were compulsorily retired by the Jharkhand Government on Saturday on recommendation of the Jharkhand High Court.“The judicial officers were marked by the High Court for their dubious conduct and, on the issue of probity, they were given compulsory retirement,” Secretary of Personnel and Administrative Reforms Department Nidhi Khare was quoted as saying.Ms. “The judicial officers were marked …

Unique PIL in SC - ‘Apex court Judges be allowed to hold office as long as they can’ [Read Petition]
9 years, 2 months ago

Unique PIL in SC - ‘Apex court Judges be allowed to hold office as long as they can’ [Read Petition]

Live Law  

Amidst the raging debate over post-retirement jobs for judges of higher judiciary, a unique kind of PIL has been filed in the Supreme Court to permit apex court judges to remain in office as long as they can.According to the PIL filed by Vibhor Anand, a final year law student, this will not only enable the judiciary to tap the …

Unique PIL in SC - ‘Apex court Judges be allowed to hold office as long as they can’ [Read Petition]
9 years, 2 months ago

Unique PIL in SC - ‘Apex court Judges be allowed to hold office as long as they can’ [Read Petition]

Live Law  

Amidst the raging debate over post-retirement jobs for judges of higher judiciary, a unique kind of PIL has been filed in the Supreme Court to permit apex court judges to remain in office as long as they can.According to the PIL filed by Vibhor Anand, a final year law student, this will not only enable the judiciary to tap the …

No Proposal to raise the Retirement Age of SC, HC Judges, enhancement of salary under consideration: Centre
9 years, 3 months ago

No Proposal to raise the Retirement Age of SC, HC Judges, enhancement of salary under consideration: Centre

Live Law  

The central government today informed the Rajya Sabha that there is no proposal to increase the retirement age of judges of Supreme Court and High Courts under consideration of the government. Replying to a question on raising salaries and allowances of judges, Law Minister DV Sadananda Gowda said, "It will take place once the salary of Secretaries to Government is …

No Proposal to raise the Retirement Age of SC, HC Judges, enhancement of salary under consideration: Centre
9 years, 3 months ago

No Proposal to raise the Retirement Age of SC, HC Judges, enhancement of salary under consideration: Centre

Live Law  

The central government today informed the Rajya Sabha that there is no proposal to increase the retirement age of judges of Supreme Court and High Courts under consideration of the government. Replying to a question on raising salaries and allowances of judges, Law Minister DV Sadananda Gowda said, "It will take place once the salary of Secretaries to Government is …

Post retirement jobs for Judges: Judicial and Political divide calls for Appropriate Amendments
9 years, 3 months ago

Post retirement jobs for Judges: Judicial and Political divide calls for Appropriate Amendments

Live Law  

Displaying sharp contrast with his predecessor, CJI Dattu has indicated his willingness to accept the Government’s proposal to be appointed as the Chairperson of the National Human Rights Commission. He had requested the then Prime Minister, Manmohan Singh, to bring in a system under which three months before they actually retired, Supreme Court and high court judges would be given …

CJI Dattu "fine" with NHRC chief’s job. “No comments” on demands for cooling off period
9 years, 3 months ago

CJI Dattu "fine" with NHRC chief’s job. “No comments” on demands for cooling off period

Live Law  

Chief Justice H L Dattu today said he will be retiring tomorrow as a "fully and thoroughly satisfied"man who could do "many good things" for the Supreme Court and towards the cause of bring down pendency.Wishing all success to his successor Justice T S Thakur, Dattu, during an informal “thanks giving” interaction with media persons at his 5, Krishna Menon …

Union Law Minister says there is no proposal to increase retirement age of Supreme Court Judges
10 years, 3 months ago

Union Law Minister says there is no proposal to increase retirement age of Supreme Court Judges

Live Law  

Replying to a question in the Parliament, the Union Law Minister Sadananda Gowda reportedly said that there is no proposal to increase the retirement age of judges of the Supreme Court from the present 65 years to 68 years. He said that as on December 1, there exist 3 vacancies in the Supreme Court, which has a sanctioned strength of …

Union Law Minister says there is no proposal to increase retirement age of Supreme Court Judges
10 years, 3 months ago

Union Law Minister says there is no proposal to increase retirement age of Supreme Court Judges

Live Law  

Replying to a question in the Parliament, the Union Law Minister Sadananda Gowda reportedly said that there is no proposal to increase the retirement age of judges of the Supreme Court from the present 65 years to 68 years. He said that as on December 1, there exist 3 vacancies in the Supreme Court, which has a sanctioned strength of …

Can't fix cooling off period for judges to take government jobs: Supreme Court
10 years, 5 months ago

Can't fix cooling off period for judges to take government jobs: Supreme Court

India TV News  

New Delhi: The Supreme Court today refused to fix any cooling off period for judges to take up government assignments after retirement, an issue which has been widely debated after former CJI P Sathasivam took governorship soon after his tenure ended. A bench headed Chief Justice H L Dattu dismissed a PIL seeking its direction for stipulating cooling off period …

Can’t fix cooling off period for judges: SC
10 years, 5 months ago

Can’t fix cooling off period for judges: SC

The Hindu  

The Supreme Court on Wednesday refused to fix any cooling off period for judges to take up government assignments after retirement, an issue which has been widely debated after former CJI P Sathasivam took governorship soon after his tenure ended. A bench headed Chief Justice H L Dattu dismissed a PIL seeking its direction for stipulating cooling off period for …

Law Commission recommends fixed tenure for CJI, uniform retirement age of 65 for SC and HC Judges and cooling-off period after retirement
10 years, 7 months ago

Law Commission recommends fixed tenure for CJI, uniform retirement age of 65 for SC and HC Judges and cooling-off period after retirement

Live Law  

Law Commission of India Chairman A.P. Shah has reportedly recommended three changes in a note titled ‘A Judicial Appointments Commission for India: A Proposal’ to the Union Law Minister Ravi Shankar Prasad.The three changes are: Retirement age of 65 for both Supreme Court and High Court Judges, a cooling-off period for judges after retirement, before they take up any post …

Law Commission recommends fixed tenure for CJI, uniform retirement age of 65 for SC and HC Judges and cooling-off period after retirement
10 years, 7 months ago

Law Commission recommends fixed tenure for CJI, uniform retirement age of 65 for SC and HC Judges and cooling-off period after retirement

Live Law  

Law Commission of India Chairman A.P. Shah has reportedly recommended three changes in a note titled ‘A Judicial Appointments Commission for India: A Proposal’ to the Union Law Minister Ravi Shankar Prasad.The three changes are: Retirement age of 65 for both Supreme Court and High Court Judges, a cooling-off period for judges after retirement, before they take up any post …

By the Judges For the Judges
10 years, 10 months ago

By the Judges For the Judges

Live Law  

On 22nd April 2014, Supreme Court of India delivered a judgment in a Public Interest Litigation filed by an orthopedic Surgeon, who is concerned with the alarming number of road accidents in our country. In Namit Sharma v. Union of India Supreme Court held that ‘Chief Information Commissioners at the Centre or State level shall only be a person who …

BJP for 2-yr 'cooling period' before judges head tribunals
12 years, 5 months ago

BJP for 2-yr 'cooling period' before judges head tribunals

India TV News  

New Delhi, Sep 30: Batting for judicial reforms, BJPtoday said a two-year “cooling off” period was necessary before judges were appointed to tribunals. BJP President Nitin Gadkari alleged that long before judges retire, the tribunal they will head is decided well in advance.At a programme organised by the party's legal cell here, Gadkari said his aim is to turn BJP …

Ayodhya Verdict: Retiring Judge Can Be Retained: Experts
14 years, 5 months ago

Ayodhya Verdict: Retiring Judge Can Be Retained: Experts

India TV News  

New Delhi, Sep 23 : Legal experts on Thursday said there are options within the legal framework to retain one of the retiring judges in the three judge bench of the Allahabad High Court to deliver the verdict on the Ayodhya title suit. They said if the Supreme Court interim stay stands beyond September 28, there is a constitutional provision …

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