Keywords – Judges, post-retirement appointments, Article 14,19,21,32,226, Supreme Court, High Courts
In the middle of ascending criticism over the retired judges accepting post-retirement appointments, a PIL has been filed seeking a cooling off period of 2 years before any retired judge of the Supreme Court or the High Courts accepts a political appointment. This petition has been filed by the Bombay Lawyers Association (that is, Bombay Lawyers Association v. Union of India) with the objective of upholding the independence of the Judiciary, the Rule of Law and the principle of reasonableness as well as to save the democracy and the basic aim and objective of the Indian Constitution.
The petition association has alleged a violation of the fundamental rights enshrined under Articles 14, 19 and 21 (the Golden Triangle) besides pointing out that the powers of the superior courts under Articles 32 and 226 to issue writs have themselves been consecrated as a part of the Basic Structure of the Constitution.
Former Chief Justices P Sathasivam and Ranjan Gogoi both accepted such appointments with the former being appointed as the governor from Kerala within 5 months of demitting office while the latter was appointed as the member of the Rajya Sabha exactly 4 months after he retired from the Supreme Court.
Written by – Yashashvi Mishra, College – S S Khanna Girls Degree College, University of Allahabad, Year – 2nd year 4th semester, an intern under Legal Vidhiya
[1] https://www.livelaw.in/top-stories/supreme-court-judicial-independence-public-interest-litigation-cooling-off-period-retired-judges-political-appointments-229741
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