The nomination to the Rajya Sabha of the recently retired former Chief Justice of India Ranjan Gogoi is yet another very dark day for India's Judiciary. With the BJP wanting to overpower the Judiciary, there is a very disturbing disquiet over the slippery slope on which judicial values are sadly slithering.
We all saw how then Chief Justice of India P. Sathasivam who within weeks of his retirement was rewarded by Prime Minister Narendra Modi with an appointment on 31st August 2014 as the Governor of Kerala. We will soon know what reward Supreme Judge Arun Mishra who retires this 2nd September is bestowed for having recently gone well overboard in publicly eulogizing Narendra Modi.
The Judiciary should never be manned by persons who are tilted or aligned to any political party. Judges should have the spine to crack on illegalities done by all politicians, regardless of how high positions they hold. It has to be ensured that judicial accountability is maintained at all times with every Judge conforming to the highest standards of uprightness and integrity.
The Constitution of India is very clear on the distinct roles of the Executive, Legislature and Judiciary. It envisages a free, fair and independent Judiciary. To ensure the highest standards of judicial independence at all times and to ward off even the faintest trace of governmental influence on the judiciary, there needs to be at least a two year "cooling off period" for retiring judges before they accept any post retirement position.
Aires Rodrigues
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