4 days ago
1
Union Law Minister Arjun Ram Meghwal has rejected the thought of a mandatory "cooling-off period" for retired judges earlier they instrumentality up assignments from the government, saying determination is nary lawsuit for restricting "judicious and mentally sound" radical from continuing to work.
Also work | Should judges judge authoritative posts aft retirement?
In an exclusive interrogation with PTI on Thursday (May 28, 2026), Mr. Meghwal, who is simply a Minister of State (independent charge) successful the Ministry of Law and Justice, said determination were "two schools of thought" wrong the judiciary itself connected whether retired judges should instantly instrumentality up assignments.
"Some accidental determination should beryllium a cooling period, immoderate accidental appointments should not beryllium made successful haste, portion others accidental determination should not beryllium a delay. Everyone has antithetic views," helium said, responding to questions connected the subject.
The Minister pointed to vacancies successful tribunals and stressed the request for experienced adjudicators successful bodies specified arsenic the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT).
"We person tribunals. We person NCLT and NCLAT. If a susceptible idiosyncratic is mentally dependable and judicious, what is the occupation successful giving enactment quickly?” Mr. Meghwal said.
The remarks travel amid a continuing statement implicit post-retirement appointments of judges and concerns raised by sections of the ineligible assemblage and absorption parties implicit judicial independency and imaginable conflicts of interest.
Besides tribunals, retired judges are besides appointed to bodies similar the National Human Rights Commission (NHRC), Lokpal, Law Commission, and the Press Council of India, arsenic good arsenic high-level committees and commissions acceptable up from clip to clip for circumstantial instrumentality making and recommendatory exercises, and investigations.
Mr. Meghwal said that the statement astir cooling-off periods was often based connected a cognition that judges could beryllium rewarded for favourable judgments aft retirement, but added that specified assumptions were misplaced.
"The contented of cooling play is that it should not look that due to the fact that idiosyncratic gave a peculiar judgment, they were appointed somewhere. That is not however it happens,” Mr. Meghwal said.
He added that determination was nary lawsuit for appointing judges whose way grounds successful work was not considered good.
"Capable judges", connected the different hand, should not look immoderate regularisation connected taking up assignments, helium said.
"There is nary request to name judges who person retired but are not known to person served well. But if determination is simply a bully justice with a judicious nature, who is steadfast and mentally sound, what is the occupation successful appointing specified a idiosyncratic immediately?" helium said.
The Minister besides said that galore retired judges themselves garbage to instrumentality up caller assignments, saying they are much funny successful arbitration work.
While the Minister didn't specify immoderate reason, arbitration is seen arsenic a preferred and overmuch lucrative occupation for retired judges with fees said to beryllium moving into lakhs of rupees per sitting for some.
Asked whether specified appointments could make a nationalist cognition of favouritism, Mr. Meghwal said the signifier of appointing retired judges to tribunals and different bodies had existed for a agelong time.
"There is thing similar that. This has existed earlier arsenic well. Some radical springiness it a governmental colour, but determination is thing similar that successful it," helium said.
Mr. Meghwal besides highlighted the shortage of unit crossed tribunals, saying galore positions remained vacant contempt efforts by the authorities to transportation retired judges to join.
"We person 21 tribunals and galore posts are lying vacant. Many times, we telephone judges and inquire if they would similar to service there, but immoderate accidental they similar arbitration work," helium said.
The Centre has antecedently told the Parliament that the Constitution does not supply for immoderate cooling-off play for judges earlier accepting post-retirement assignments.
In a written reply successful the Lok Sabha successful November 2024, the authorities had said that accusation connected post-retirement appointments of judges was not maintained centrally, arsenic specified appointments were made successful a "decentralised manner" by the Centre, States, and Union Territories nether their respective frameworks.
On whether the Chief Justice of India had written to the authorities seeking a revision of salaries and allowances for Supreme Court and High Court judges, Mr. Meghwal said the contented nether information was not related to salaries but to the status property of judges.
“It is not an contented of salary. The substance regarding property has been pending. If determination is immoderate different letter, we volition look into it," Mr. Meghwal said.
