SCBA chief wants key changes in law – cooling off period, increase in retirement age

CHENNAI: The President of the Supreme Court Bar Association (SCBA), Adish C Aggarwala, has written to Prime Minister Narendra Modi, requesting efforts to implement three key policy decisions aimed at maintaining the independence of the judiciary.

In a letter to Modi, the SCBA president proposed suitable amendments in statutes to ensure that only serving judges are appointed as presiding officers of commissions and tribunals. He also advocated for raising the retirement age of judges in constitutional courts by three years – from 62 to 65 for high courts and from 65 to 68 for the Supreme Court. Additionally, Aggarwala called for the introduction of a mandatory cooling-off period of at least two years for judges before they can join politics.

These policy corrections, he asserted in the letter addressed to Modi on April 23, would mitigate the looming threat to the independence of the judiciary.

Aggarwala attributed the practice of appointing retired judges of the Supreme Court and high courts as presiding officers in consumer courts and human rights tribunals to previous Congress governments. He emphasized the need to amend statutes to change the eligibility requirement from retired judges to sitting judges or practicing lawyers.

Referring to the 14th Law Commission of India report, Aggarwala highlighted concerns about such appointments affecting judicial independence and undermining the dignity and status of the judiciary. He argued that tribunals and commissions should be manned by sitting judges or eminent lawyers, rather than retired judges, as provided for in relevant Acts.

Aggarwala suggested raising the retirement age of judges to ensure their services are utilized for longer tenures, thus enhancing the efficiency of the judicial system. He also addressed the ethical implications of judges immediately joining government positions after retirement, expressing concerns about impartiality in cases involving political matters.

Therefore, he proposed introducing a law to debar former judges from engaging in political activities for at least two years after leaving office as a cooling-off period. This, he believed, would prioritize public trust and confidence in the judiciary over personal interests and ambitions of the judges.