GOI must consider a law that mandates a cooling-off period before retired judges take another job

Source: The post is based on the article “Perception Matters – GOI must consider a law that mandates a cooling-off period before retired judges take another job” published in The Times of India on 8^th September 2023.

Syllabus: GS 2 – Indian Polity – Functioning of the Judiciary

Relevance: About cooling-off period

News: The Supreme Court dismissed a plea by the Bombay Lawyers Association for a cooling-off period for SC and HC judges before accepting political appointments, although such regulations exist for retired bureaucrats.

What are the regulations on cooling-off period for retired bureaucrats?

In 2021, the Central Vigilance Commission (CVC) directed state organizations to take vigilance clearance before offering post-retirement positions to bureaucrats in order to avoid hiring officials who have pending cases.

The Reserve Bank of India (RBI) has also mandated a three-year cooling-off period for its retired employees in 2018.

Despite this, there have already been many discussions made regarding the cooling-off period.

What discussions have taken place regarding the cooling-off period?

The concept of a cooling-off period for retired bureaucrats, judges, and constitutional post holders before entering politics or taking private jobs has been widely discussed.

In 2013, the Election Commission sought to prevent civil servants and police officers from immediately entering politics after retirement.

However, the government rejected the proposal, citing concerns about violating their constitutional rights.

The Supreme Court has also consistently declined to intervene, dismissing similar petitions in 2014 and 2022. Therefore, the government should consider the Supreme Court’s suggestion to enact a law on this matter.

Must Read: EC Needs A Smart Focus – Cooling-off periods are impractical in social media age

What can be the way ahead?

Judges in constitutional courts deal with fundamental rights, political disputes, high-stakes policies, and constitutional matters, therefore, it becomes necessary to maintain impartiality.

In this regard, a post-retirement cooling-off period can further enhance public trust and perception of the judiciary.

In a world where politics is polarized with complex policies, a law mandating a cooling-off period for retired judges is becoming increasingly important.