NEW DELHI: With a view to upholding the independence of the judiciary and the rule of law, the Bombay Lawyers Association has approached the Supreme Court seeking a two-year cooling-off period before retired apex court or high court judges accept a political appointment.
Referring to the recent appointment of former judge Abdul Nazeer as Andhra Pradesh Governor, the plea states that from the actions of the executive, it seems that there is no likelihood of them bringing any law prescribing a “cooling-off period”. “An independent judiciary is responsible for upholding the rule of law which is considered a prerequisite for a democratic form of government.
That is why the independence of the judiciary has been declared as part of the basic structure of the Constitution. Hence, the acceptance of political appointments by judges of the Supreme Court and the high courts after retirement without any cooling-off period is adversely affecting public perception of the independence of the judiciary. The objective of the separation of power appears to be defeated if judges of constitutional courts accept political appointment just after their retirement,” the plea stated.
The body of lawyers in the plea, as an interim measure during the pendency of the petition, has urged the top court to request the retiring judges to not accept any appointment voluntarily for a period of two years. It has been stated in the plea that there although might not be “any actual quid pro quo” between the judge receiving post-retirement political position and the executive, this “erodes the public confidence in the independence of the judiciary”.
