Should judges accept official posts after retirement?

Key Points:

• Judicial Independence: The manner of Justice Gangopadhyay's resignation sparked concerns about judicial independence.
• Bangalore Principles: The discussion highlights the need to revisit the Bangalore Principles of Judicial Conduct (2002) to establish clearer guidelines for post-retirement behavior.
• Cooling-off Period: Both experts advocate for a cooling-off period (2-3 years) to prevent judges from immediately joining political positions after retirement.
• Central Legislation vs. Judiciary Reform: While the Law Commission previously recommended a cooling-off period, its implementation hinges on the judiciary's willingness to address the issue.
• Perception of Bias: Justice Gupta emphasizes the public's perception of bias if judges accept government appointments after retirement.
• Increasing Retirement Age: While increasing the retirement age is considered, concerns about stagnation and limited opportunities for younger judges are raised.
• Lifetime Appointments (US Model): Both experts find the US model of lifetime appointments for Supreme Court justices unsuitable for India.
• Alternatives to Retired Judges in Tribunals: Options like specialized tribunal services with career paths are explored as alternatives to relying on retired judges.
• Monetary Perks: Justice Gupta argues that increasing pensions might not address the desire for power associated with post-retirement appointments.

• The discussion underscores the need for reforms to ensure judicial independence and public trust. This includes establishing clear guidelines for post-retirement conduct and exploring alternatives to relying on retired judges for certain appointments.