CJI DY Chandrachud, was given ceremonical farewell in Supreme Court today as he retired from the Judicial service. CJI Chandrachud will demit office on Sunday, November 10. He will be succeeded by Justice Sanjiv Khanna, currently serving as the senior-most judge in Supreme Court. Justice Sanjiv Khanna will take charge as new Chief Justice of India on November 11.
CJIs Role After Their Tenure Ends
CJI’s role is to uphold the justice and safeguarding the constitution. Once their term as CJI is over, CJIs are prohibited from practicing law in any Indian court. This rule comes under Article 124 (7) of the constitution. This the rule or ban on post-retirement practice which aims at preserving public confidence in Judiciary. Allowing a judge to advocate after their tenure ends could raise suspicions about career driven ruling during their tenure.
Why The Restrictions?
The ban prevents any conflict of interest that might arise if a former judge were to appear as an advocate in the matter they have previously adjudicated.
A supreme court judge holds immense respect and authority. Starting as advocate after their tenure ends could led to undermining this dignity.
Since CJIs have access to sensitive and crucial information, allowing them to practice again as advocate lead to misuse of information.
Post Retirement Benefits For CJIs and Supreme Court Judges
According to the latest changes in the rules, a retired CJI will be entitled to security cover round the clock. In addition they have 24×7 personal security guard for a period of five years, from the date of retirement.
A retired CJI will be allotted with rent free Type VII accommodations in Delhi. Type VII accommodation is usually allotted to sitting MPs.
A retired judge from Supreme Court gets a domestic help and a chauffeur for lifetime from the day of retirement.
Both retired Supreme Court Judge and Chief Justice of India gets a residential telephone free of cost.
Role For CJIs After Their Tenure Ends
Retired Judges may get constitutional roles, such as governor. They can share their knowledge in for of Lecturers. They can also head commissions such as National Green Tribunal (NGT).
