GS2 · 10 marks · 150 words

"Judicial evenings are sensitive phases; the incumbent being bothered about post-retiral avenues." In the context of this statement, discuss how the prospects of post-retirement employment affect the independence of Judiciary.

Answered by 4 toppers · CSE 2022

Syllabus: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.

How toppers approached it

From all 4 answers · about 140 words · 50% drew a diagram.

Opening

  • A date or context3 of 4
  • No separate opening1 of 4

Body

  • Points3 of 4
  • Points and prose1 of 4

Close

  • A way forward2 of 4
  • No separate close1 of 4
  • A summary1 of 4

The toppers’ answers

Tanmai KhannaAIR 61 · CSE 2022 · 164 wordsTheir whole copy

Opening · a recent event

When Justice Ranjan Gogoi accepted a position in the Rajya Sabha, it opened up a discussion about post retirement employment of judges. Some of these prospects are as follows:

Body · points

→ Parliament: No law bars a judge to become a parliamentarian after their retirement.

→ Commissions like NCSC, NCST, NCBC, etc. have judges as members and chairpersons appointed by the government.

→ Private practice: Judges are not allowed to practice law privately after retirement to avoid a conflict of interest.

This affects the conduct of judges in a manner that would make them hesitent to be at loggerheads with the government, as they can provide them the only chance at post retirement employment.

This issue can be dampened by a few methods:

→ Impartial selection committees for commissions. → Increasing retirement age of SC judges from 65 to 70.

Close · a way forward

Our current Attorney General is more than 90 years old, surely we can allow judges to serve for longer, thereby helping reduce pending litigation as well.

More on Judiciary

Courts, judicial review, judicial activism, appointments and independence.

All GS2 questions on Judiciary