Should supreme court judge have a political career after retirement?
Should the Supreme court judge have a political career after retirement?
Well, many of you might have not even thought about
this topic before but this sounded soo interesting that couldn't hold myself
behind by writing on this. So let me 1st give a small briefing on
how SCJ is appointed & their work, a past case which took place regarding
this & prose and cons on this topic so that you can decide whether it is
beneficial for the nation or can turn harmful.
Article 124 says there shall be a supreme court and there
will be a post of the chief justice who will give...
- The supreme court all administrative
work,
- How many judges can be in a court?
- Which supreme court will get which case?
- How the workload is distributed, indeed a very powerful person in the judiciary.
Like prime minister and the president they don’t have a
5-year post but CJI, he can work till the age of 65 irrelevant of the fact that
from which date he entered In the office, which means if a CJI is of 55 yrs
then his working time is 10yrs.
Appointment: conventionally
the outgoing CJ recommends the name of the senior-most judge (i.e by date of
appointment to the sc) for appointment by the president of India as his
successor oath- president of India
Oath of the President of India in the presence of CJI
Ranjan Gogoi 46th CJI gave the verdict on
the sensitive Ayodhya land dispute on Nov 9th last year. Gogoi sir is now retired CJI from last month, and also heated the benches that ruled on matters like..
- the entry of women in Sabarimala
temple.
- Rafale fighter jet deal.
- his significant judgements also
include Assam's national. register of citizens (NRC)(that time he was the supreme court
judge not CJI when this happened).
- setting up of special courts to
exclusively try MPs and MLA.
- Rajiv Gandhi assassination case for the remission
of life sentence of the convicts.
CJI Ranjan Gogoi warned that” people who objected” to
the NRC process “ are playing with fire” as it has been a longstanding demand
of the people.
Now under article 80 of, the constitution president
can appoint 12 MPs having "special knowledge or practice experience of
literature, science, art and social service” to the Rajya sabha. Currently, Former
chief justice Ranjan Gogoi nominated to Rajya sabha by the president.
And the 21st CJI, Ranganath Mishra, served
as an MP in the upper house from 1998-2004. However, Justice Mishra was a
congress mp, not a member of eminence appointed by the president and he was
appointed to the supreme court in 1893 and become CJI in 1990. He joined the
congress about seven years after his retirement in 1991.
#Case: CJI Deepak Mishra was accused of bench
fixing i.e whenever a politically controversial case comes under them, they
selectively pass them to such judges repeatedly who shall give favourable
judgement. This has happened multiple times and not once & judges stated
that justice Loya’s case was tipping point i.e over the top of limits crossed
and they were compelled to call a press conference. In 2010, Amit shah went
jail for fake encounter case after which he got bail, 1st judge was
transferred n 2nd was Loya Ji. After lots of hearings, finally, he put up a date on Dec
2014 for which Amit shah had to come, but coincidentally justice Loya died on 30th
Nov 2014. The report stated heart attack but he didn’t have any history of heart attack and 3rd judge who came to continue the proceeding
discharged/ cleared charges against Amit shah within 1 month.
Prose: Upper house, upper thoughts, and he
also know the exact condition what happens when a bill or any case goes to the supreme court so at the time of discussion or debate he can tell or put his
thoughts, claim the faults and point of correction ...
This is essential for the parliament to behave
intellectually like Ranjan Gogoi and others from different field join parliament rather criminals and corrupt
politicians...
When
you attach a stigma to politics that people with the clean image shouldn't be
attached to a political leaning you are not ready for political reform. We need
more credible and abled people like
Judges, military, doctors, professors, lawyers, economists in politics to take this country forward They should go for a political
campaign and not someone who's father was a politician.
The corrupt will stay corrupt no matter which
field they belong too. ... But my question is herewith. Why
there isn't a person with great calibre in science, literature, and welfare? To
think and pass their thoughts, when the bill will impacts what will happen in
that field.
Cons: Somewhere the bigger issue is that govt. can try to pitch pillar of the judiciary, we have 4
pillars of democracy: legislature, executive, judiciary, free media, media has gone silent since it has nothing
left & govt. is trying its level best to get its influence on the judiciary
“Pre-retirement
judgments are influenced by a desire for a post-retirement job, This clamour
for post-retirement jobs is adversely affecting the impartiality of the
judiciary of the country and time has come that it should come to an end…” If a CJI can
become a member of parliament, it means his judgments can never be impartial,
as he will look for his political career and won't go against the interest of
political parties and giving decision in favour of strong ruling govt as well...
I opposed the idea of joining any political party after becoming an important figure in
Indian. There are
other lots of powerful and prestigious posts too which may be offered to
them...
Same time
there is impartial and unbiased kind of image of CJI. If joins RS then
definitely opposition will raise the question
This will
promote other judges to give decisions in favour of the ruling party. This is
very dangerous for our democracy. Injustice can happen with anyone
Rest is all upon your thoughts how and what you believe. But directly or indirectly it's our thoughts which matters the most in upgrading our country.
Article 124 says there shall be a supreme court and there
will be a post of the chief justice who will give...
- The supreme court all administrative work,
- How many judges can be in a court?
- Which supreme court will get which case?
- How the workload is distributed, indeed a very powerful person in the judiciary.
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