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This is an archive article published on September 26, 2014

Avoid constitutional posts soon after retirement: CJI to judges

Lodha said if they do not affect the judiciaries institutional independence and integrity then there should be no worry.

Close on the heels of his predecessor Justice P Sathasivam accepting governorship of Kerala, outgoing Chief Justice of India R M Lodha has said that judges should not take any constitutional or other position for at least two years after retirement. Justice Sathasivam had retired in April this year.

“That is an individual choice. My view is that a Chief Justice or a judge must avoid taking any position, constitutional or otherwise — and at least must not accept that position for two years after demitting his office,” Justice Lodha told Outlook magazine.

Asked whether it was alright for judges to accept gubernatorial posts, Justice Lodha said whether it was CJI, or a Supreme Court judge or a high court chief justices, post-retirement assignments must be avoided.

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However, he acknowledged that there were many laws where commissions and tribunals are required to be either headed by CJIs or judges. “That actually needs to be amended and needs to be done away with,” he said.

On the Judicial Accountability Bill and Judicial Appointments Commission Bill, Justice Lodha said if they do not affect the judiciaries institutional independence and integrity then there should be no worry.

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