What can be done to strike a balance?

♤ Mandatory cooling off period- for judges for taking up government assignments after retiring.

o The cooling-off period will minimise the chances of judgments getting influenced by post-retirement allurements.

o This cooling-off period can be of six years and no judge should be appointed before completing this period, as the government’s tenure is of five years.

♤ Increase age of retirement: Unlike in many other countries, a judge of the higher judiciary in India retires at a comparatively young age and is capable of many more years of productive work.

♤ Enact a law: to set up a commission made up of a majority, if not exclusively, of retired judges to make appointments of competent retired judges to tribunals and judicial bodies. In the meantime, judges themselves can fill the legislative void by giving suitable directions.

o Extend the application of other statutes to judges- such as Section 8 of the Lokpal and Lokayukta Act, 2013, which barred its chairman and members from re-employment or taking any assignments as diplomat and Governor and other posts, on ex-judges of the Supreme Court and high courts.

♤ Envisioning a transparent process: Former Chief Justice R M Lodha, had suggested that before a judge retires, the government should provide option of either being a pensioner or continue to draw existing salary. If they opt for pension, government jobs are out but if they opted for full salary, that name should be put in a panel. When a vacancy arises, these persons can be considered and the process becomes devoid of allegations of appeasement, favouritism etc.

♤ Amending the constitution: by incorporating a provision similar to Articles 148 (barring CAG from post retirement job) or 319 (similar provision for UPSC members).