Voice from the Rooftop

Blog of Vincent Augustine D'Souza

Jaitley on judges

On 30/9/2012 Arun Jaitley spoke at a BJP legal cell conference. He said there are two types of judges. Those who know the law and those who know the law minister. Best lawyers do not want to become judges. There is clamour for post-retirement jobs which is adversely affecting the impartiality of the judiciary. Through judicial verdicts post-retirement jobs are being created. When he was law minister he was wary of meeting retiring judges for the fear that they would hand him their bio-data.

Salman Khurshid is the law minister. Arun Jaitley implies some judges have delivered verdicts as desired by Salman Khurshid in return for post-retirement jobs. It will be nice if Arun Jaitley names the judges and verdicts.

Retired judges head various commissions and tribunals. Commissions of Inquiry get extensions. The inquiry that should be over in six months stretches to 20 years or so. Tribunals headed by retired judges should be disbanded. Disputes before them should go to High Courts or Supreme Court. There are other issues. Corruption in judiciary is one. Government amending the law retrospectively when it receives an unfavourable verdict is another.

Nitin Gadkari suggested a gap of two years for retired judges to take up new jobs. That is good for justice.

Most people do not want to retire and judges are no exception. The retirement age of judges should remain as it is and there should be no extension.

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