In a bid to preserve the integrity and independence of the judiciary, the Bombay Lawyers Association has filed a public interest litigation (PIL) petition with the Supreme Court of India, seeking a mandatory “cooling-off” period of two years before retired judges can accept political appointments. The petition, which aims to safeguard the democratic principles and the spirit of the Indian Constitution, alleges a violation of fundamental rights enshrined in Articles 14, 19, and 21.
Under Articles 32 and 226, the Supreme Court and high courts respectively enforce the fundamental rights of Indian citizens, making them essential pillars of the country’s democratic structure. The petition argues that unless these constitutional courts are perceived as independent and impartial, free from external influences, the enforcement of fundamental rights will remain ineffective.
The petitioner draws attention to the recent appointment of former Supreme Court judge S Abdul Nazeer as the governor of Andhra Pradesh, asserting that the executive branch is unlikely to enact legislation prescribing a cooling-off period for retired judges. The petitioner cites former Chief Justice of India Mohammad Hidayatullah as an example to emulate. Justice Hidayatullah refused any political appointment immediately after retirement and only assumed the role of vice-president nine years after his tenure as chief justice ended.
The petitioner emphasizes that the acceptance of political appointments by retired judges without a cooling-off period negatively impacts public perception of judicial independence. While acknowledging that there may not be an explicit quid pro quo between judges and the executive branch, the petitioner argues that such appointments erode confidence in the judiciary. It raises concerns that judges nearing retirement may decide cases favoring the government in the hope of securing a post-retirement position. Even in the absence of an actual exchange, the public perception of compromised judicial independence becomes a significant issue.
To address these concerns and protect public perception, the petitioners seek a declaration from the court that a two-year cooling-off period is necessary before former judges of the Supreme Court and high courts can accept political appointments. As an interim measure, they request the court to “request” retiring judges to voluntarily refrain from accepting any political appointments for a period of two years.
This petition comes in the wake of public debate surrounding the post-retirement positions obtained through political patronage and its potential impact on the independence of retired judges and the judiciary as a whole. Justice Nazeer’s appointment as governor within a month of retiring sparked renewed discussions, given his involvement in significant and controversial constitution bench judgments, including the Babri Masjid-Ram Janmabhoomi dispute and the challenge against the demonetization of high-value banknotes in 2016. Justice Nazeer is the third judge since 2014 to receive a high-profile appointment immediately after retiring from the Supreme Court, following former Chief Justices P Sathasivam and Ranjan Gogoi.
Bombay Lawyers Association v. Union of India
