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 for retired judges and restraining governments from appointing retired judges of the Supreme Court and high courts to any post without the consultation and concurrence of the Chief Justice of India or the Chief Justices of the high courts. Interestingly, Justice Dattu's predecessor, Justice R M Lodha, on his last day in office, had opined that there should be a cooling off period of two years for judges and said that he won't take any government assignment during the period. He submitted that there is no provision as such in the Constitution as constitution maker had not expected that retired Chief Justice of India would accept any post offered by the government.

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History of this topic

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

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

SC Allows Justice Jayant Nath to Continue as DERC Chairperson Despite Retirement Age
Trending News
5 months ago

SC Allows Justice Jayant Nath to Continue as DERC Chairperson Despite Retirement Age

Live Law  

The Supreme Court has allowed Justice Jayant Nath to continue as the Chairperson of the Delhi Electricity Regulatory Commission (DERC) despite his retirement age of 65. Justice Nath was appointed by the Supreme Court in August 2023 on a pro-term basis, and his appointment is set to continue until the dispute between the Delhi Government and the Union Government regarding …

Supreme Court Refuses To Stay Law Dropping CJI From Panel To Select Election Commissioners, Posts Matter To April 2024
1 year, 1 month ago

Supreme Court Refuses To Stay Law Dropping CJI From Panel To Select Election Commissioners, Posts Matter To April 2024

Live Law  

The Supreme Court on Tuesday refused to stay the operation of Section 7 of the Chief Election Commissioner and Other Election Commissioners Act, 2023 in a fresh petition challenging the Constitutionality of the provision.While issuing notice on the plea moved by the Association for Democratic Reforms, the Bench of Justices Sanjiv Khanna and Dipankar Datta noted that a similar. The …

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 …

Supreme Court staring at vacancy crisis in 2023 as 9 judges set to retire
2 years, 2 months ago

Supreme Court staring at vacancy crisis in 2023 as 9 judges set to retire

India Today  

In addition to the pendency of cases, the Supreme Court of India is about to face another hurdle in 2023 as the vacancies in the apex court are set to increase with the retirement of nine judges. Justices KM Joseph, Ajay Rastogi and V Ramasubramaniam will retire in June, Justice Krishna Murari will demit office in July, followed by the …

Amendment to BCCI constitution | Supreme Court to hear on September 12
2 years, 6 months ago

Amendment to BCCI constitution | Supreme Court to hear on September 12

The Hindu  

The Supreme Court agreed to urgently hear on September 12, 2022 a plea by Board of Control for Cricket in India to amend its Constitution. Solicitor General Tushar Mehta requested the court on September 8, 2022 to take up the matter soon as the annual general meetings for the BCCI and various state cricketing bodies had to be held without …

Centre Amends Rules To Provide CJI & Supreme Court Judges Lifetime Domestic Help, Chauffeur & Other Benefits After Retirement
2 years, 7 months ago

Centre Amends Rules To Provide CJI & Supreme Court Judges Lifetime Domestic Help, Chauffeur & Other Benefits After Retirement

Live Law  

On Friday, the Central Government has notified further amendments to the Supreme Court Judges Rules, 1959, inter alia, deploying a domestic help, a chauffeur and a secretary assistant to serve retired Chief Justices of India during their lifetime. The Judges of the Supreme Court would be entitled to lifelong domestic help and chauffeur after retirement.The rules were earlier. The Judges …

Centre Amends Rules To Provide Additional Post-Retirement Benefits To Chief Justice & Supreme Court Judges
2 years, 7 months ago

Centre Amends Rules To Provide Additional Post-Retirement Benefits To Chief Justice & Supreme Court Judges

Live Law  

The Central government has amended the Supreme Court Judges Act, 1958 for providing additional post-retirement benefits to retired Chief Justices and Supreme Court Judges. The following are the additional retirement benefits that former Supreme Court Judges are entitled to: A chauffeur and secretarial assistant shall be deployed with retired Chief Justices and retired Judges of the Supreme Court from the …

Supreme Court to hear BCCI plea seeking permission to do away with ‘cooling-off’ period
2 years, 8 months ago

Supreme Court to hear BCCI plea seeking permission to do away with ‘cooling-off’ period

The Hindu  

The Supreme Court, on Wednesday, will hear the Board of Control for Cricket in India ‘s plea seeking permission to allow amendments to its Constitution and do away with the mandatory ‘cooling-off’ period. The BCCI urged the court to revise a rule in its new Constitution which mandates that administrators have to go through a three-year ‘cooling-off period’ after six …

'We Will Suo Motu Stay Tribunals Reforms Act' : Supreme Court Tells Centre In NCLAT Member Justice Cheema's Plea
3 years, 6 months ago

'We Will Suo Motu Stay Tribunals Reforms Act' : Supreme Court Tells Centre In NCLAT Member Justice Cheema's Plea

Live Law  

Extremely upset with the manner in which the Central Government terminated the services of Justice Ashok Iqbal Singh Cheema as the Acting Chairperson of the National Company Law Appellate Tribunal, the Supreme Court on Wednesday orally said that it will suo motu stay the Tribunals Reforms Act 2021.The Tribunals Reforms Act 2021 has become a point of friction between the …

Retired Allahabad HC Judge, Justice Shabihul Hasnain Appointed Delhi Electricity Regulatory Commission Chairperson
3 years, 8 months ago

Retired Allahabad HC Judge, Justice Shabihul Hasnain Appointed Delhi Electricity Regulatory Commission Chairperson

Live Law  

The Delhi Government has appointed retired Allahabad High Court judge, Justice Shabihul Hasnain as the next chairperson of the Delhi Electricity Regulatory Commission, Delhi Chief Minister Arvind Kejriwal informed in a tweet.Justice Hasnain will take the place of Justice Satyendra Singh Chauhan, a judge at the Allahabad HC who retired on July 4 upon turning 65.Delhi Government. The Delhi Government …

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, …

Supreme Court order on Lodha reforms ‘excellent’, says CoA chief Vinod Rai
6 years, 7 months ago

Supreme Court order on Lodha reforms ‘excellent’, says CoA chief Vinod Rai

Hindustan Times  

The Committee of Administrators chief Vinod Rai today welcomed the Supreme Court order on mandatory cooling off period for BCCI office-bearers after two consecutive terms and for putting a roadmap in place for the Board’s elections. The original Lodha Committee reforms suggested only one term of three years before mandatory cooling off but today’s order allows office-bearers two consecutive terms …

Don’t Need Fixed Tenure For CJIs, But A Consistent Judicial Policy: Justice Ranjan Gogoi
6 years, 7 months ago

Don’t Need Fixed Tenure For CJIs, But A Consistent Judicial Policy: Justice Ranjan Gogoi

Live Law  

The senior-most puisne judge in the Supreme Court, Justice Ranjan Gogoi on Saturday rejected the suggestion for a fixed tenure for the Chief Justice of India, and asserted that instead, India needs a consistent judicial policy.Justice Gogoi’s reaction came as a response to the suggestion of a fixed tenure for the CJIs by Prof. N.R. The senior-most puisne judge in …

[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 …

Centre to Supreme Court: Dismiss PIL on appointment of judges
8 years, 1 month ago

Centre to Supreme Court: Dismiss PIL on appointment of judges

Deccan Chronicle  

New Delhi: Attorney general Mukul Rohatgi representing the Centre on Monday urged the Supreme Court not to have parallel judicial proceedings relating to appointment of judges as the issue can be sorted out on the administrative side. Thakur, the PILs filed by advocate Ashwini Upadhyaya and Lt. Col Anil Kabotra was entertained and the court had repeatedly pulled up 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 …

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 …

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 …

CJI Dattu cancels former CJI Lodha's directive to consult two judges "outside the collegium" before recommending names for the appointment of HC Judges
10 years, 4 months ago

CJI Dattu cancels former CJI Lodha's directive to consult two judges "outside the collegium" before recommending names for the appointment of HC Judges

Live Law  

In a letter to Chief Justices of various High Courts, Chief Justice of India H.L. Dattu has directed them to follow the earlier practice of appointment of Judges, wherein three senior most Judges, including the Chief Justice of the High Court have a final say while making recommendations.The practice had been withdrawn citing the “difficulties” faced by the High Courts.This. …

CJI Dattu cancels former CJI Lodha's directive to consult two judges "outside the collegium" before recommending names for the appointment of HC Judges
10 years, 4 months ago

CJI Dattu cancels former CJI Lodha's directive to consult two judges "outside the collegium" before recommending names for the appointment of HC Judges

Live Law  

In a letter to Chief Justices of various High Courts, Chief Justice of India H.L. Dattu has directed them to follow the earlier practice of appointment of Judges, wherein three senior most Judges, including the Chief Justice of the High Court have a final say while making recommendations.The practice had been withdrawn citing the “difficulties” faced by the High Courts.This. …

‘This can’t go on forever’, Supreme Court tells Centre on delay in Government Formation in Delhi
10 years, 4 months ago

‘This can’t go on forever’, Supreme Court tells Centre on delay in Government Formation in Delhi

Live Law  

"In a democracy, President's Rule can't go on forever. Lieutenant Governor should have taken decision on government formation at the earliest and should not have taken 5 months time,", said the Constitution Bench of the Supreme Court, headed by Chief Justice of India H L Dattu.Reportedly, the Bench also showed its displeasure and asked why does the Centre always comes …

‘This can’t go on forever’, Supreme Court tells Centre on delay in Government Formation in Delhi
10 years, 4 months ago

‘This can’t go on forever’, Supreme Court tells Centre on delay in Government Formation in Delhi

Live Law  

"In a democracy, President's Rule can't go on forever. Lieutenant Governor should have taken decision on government formation at the earliest and should not have taken 5 months time,", said the Constitution Bench of the Supreme Court, headed by Chief Justice of India H L Dattu.Reportedly, the Bench also showed its displeasure and asked why does the Centre always comes …

SC Dismisses the PIL against post retirement assignments of Judges
10 years, 5 months ago

SC Dismisses the PIL against post retirement assignments of Judges

Live Law  

The propriety of judges of higher judiciary taking up post –retirement jobs has been widely debated and acquired momentum after the appointment of former Chief Justice P.Sathasivam as the Governor of Kerala. The discussions have been brought to a legal conclusion with the dismissal of a PIL which sought restriction on post assignment of members of higher judiciary, including. The …

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 …

Delhi HC dismisses woman officer's petition against Justice H.L. Dattu [Read the Order]
10 years, 6 months ago

Delhi HC dismisses woman officer's petition against Justice H.L. Dattu [Read the Order]

Live Law  

The Delhi High Court refused to interfere with the appointment of Justice H.L. Dattu as the next Chief Justice of India, on a petition by an advocate and former Research and Analysis Wing.A Delhi High Court Bench comprising of Chief Justice G. Rohini and Justice Pradeep Nandrajog yesterday, dismissed a petition against Justice Dattu, stating that any attempt to directly …

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 …

Petition to increase retirement age of judges turned down by the Supreme Court
11 years, 2 months ago

Petition to increase retirement age of judges turned down by the Supreme Court

Live Law  

A Supreme Court bench headed by Chief Justice P Sathasivam declined to entertain a PIL filed by an advocate R K Kapoor pleading that the superannuation age of judges of trial courts be increased from 60 to 62 years and those in the high courts from 62 to 65 years. The contention of the petitioner that the retirement age of …

Petition to increase retirement age of judges turned down by the Supreme Court
11 years, 2 months ago

Petition to increase retirement age of judges turned down by the Supreme Court

Live Law  

A Supreme Court bench headed by Chief Justice P Sathasivam declined to entertain a PIL filed by an advocate R K Kapoor pleading that the superannuation age of judges of trial courts be increased from 60 to 62 years and those in the high courts from 62 to 65 years. The contention of the petitioner that the retirement age of …

SC refuses to frame guidelines on cooling off period for bureaucrats
11 years, 4 months ago

SC refuses to frame guidelines on cooling off period for bureaucrats

Firstpost  

“We cannot issue such direction,” a bench headed by Chief Justice P Sathasivam said while dismissing a PIL filed by former DGP of Uttar Pradesh, Prakash Singh. New Delhi: The Supreme Court today refused to frame guidelines for providing mandatory cooling off period to retired bureaucrats and police officials during which they will not be allowed to accept any government …

Delhi HC dismisses PIL seeking to discontinue summer vacation of the Court
11 years, 8 months ago

Delhi HC dismisses PIL seeking to discontinue summer vacation of the Court

Live Law  

The Delhi High Court yesterday dismissed a PIL seeking to discontinue summer vacation enjoyed by the Court.Observing that the Petitioner was not aware of how the Delhi High Court functions, a Division Bench comprising of Acting Chief Justice BD Ahmed and Justice Vibhu Bakhru said, “Most of the judges spend substantial part of vacation time in writing the judgements at …

Ayodhya Verdict: Retiring Judge Can Be Retained: Experts
14 years, 6 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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