Dealing with post-retirement appointments like those of former CJI Ranjan Gogoi
There are two views on the nomination of former Chief Justice of India Ranjan Gogoi as a Rajya Sabha member. On the one hand is the opinion that Gogoi, with his vast and extensive work in the legal field, will be able to serve Parliament well and by extension the country.
In any case the government has not violated any law or rule by nominating him. After all, there are 12 nominated members in the Upper House and many are achievers in their respective fields, such as well-known boxer M C Mary Kom, sculptor Raghunath Mohapatra and classical dancer Sonal Mansingh.
While there is no quota in the Rajya Sabha for persons with a legal background, Justice Gogoi’s nomination comes in the wake of the retirement of K T S Tulsi in February this year.
But the other view is that his nomination is bad for the judiciary’s independence. If judges on their superannuation can hope to get post-retirement sinecures, many will not perform their duties in a fair and transparent manner as the lure of a job in old age could be too tempting to resist.
India’s founding fathers had envisaged clear-cut roles and powers for the government’s three branches: the executive, legislature and judiciary.
The thinking was that no single branch would hold too much power and there would be enough checks and balances.
But of late, many persons, particularly civil servants, have been rewarded with post-retirement jobs, raising questions about their impartiality while in service.
It would not be incorrect to say many of them were subservient and pliable to the government of the day. Should post-retirement jobs be banned altogether?
There is perhaps merit in the view that if businessmen and professionals like lawyers, doctors and teachers can carry on working without any age cap, why can’t government functionaries or judges be appointed to positions of power after their superannuation? One way of dealing with charges of a quid pro quo in post-retirement appointments would be to set up an authority with representatives from the government, the opposition and an independent person while making such decisions.