SC Rejects Plea For Cooling-Off Period For Ex-Judges Before Accepting Political Appointments

The Supreme Court on Wednesday rejected a plea seeking a “cooling-off period” of 2 years for retired judges of the apex court and high courts before they can accept the political appointments.

A bench comprising of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia stated the issue whether a retired judge should accept any office or not has to be left to the “better sense” of the judge concerned.

The bench stated that it can’t go into the issue of whether an ex-judge can get elected to the Lok Sabha or get nominated to the Rajya Sabha.

The bench stated while dismissing the plea, “The issue whether a retired judge should accept any office or not has to be left to the better sense of the judge concerned or a law to be brought into force, but cannot form a subject matter of direction under Article 32 of the Constitution.”

The counsel appearing for the petitioner association stated that the lack of such a provision was creating a misconception in the public mind.

The bench asked the counsel, “What is a political appointment?”

The bench stated, “It is all frivolous. It is up to the judge to say whether he wants to decline or does not decline.” The bench asked the petitioner whether the apex court can say nobody should take up a job at a tribunal after retirement.

The counsel stated that the petitioner is talking about only those appointments that depend on the discretion of the executive for which there should be a 2 year-cooling off period.

While observing that, a lot of things are left to the discretion of the judge, the bench stated that the petitioner has picked up one case. However, it mentioned no name in the court.

The bench stated, “You don’t want a particular person to become Governor.”