Discussion:
RETIRED SUPREME COURT JUDGES SHOULD NOT UNDERTAKE LEGAL WORK
(too old to reply)
Aires Rodrigues
2009-01-29 13:33:01 UTC
Permalink
Though the Supreme Court of India commands great respect in our country, it
has to be ensured that judicial accountability is always maintained at all
times with the judges of the Supreme Court conforming to the highest
standards of uprightness and integrity.

A matter of great concern is to the fact that some retired Chief Justices
and Judges of the Supreme Court are engaging in post retirement remunerative
legal work.

Article 124 of the Constitution of India clearly forbids retired judges of
the Supreme Court from acting or pleading before any authority within the
territory of India. It is a fundamental legal principle that what cannot be
done directly should also not be done indirectly. It is known to all that
some retired Judges and Chief Justices of the Supreme Court have been
engaging in Chamber practice by rendering written opinions under their
signature for a consideration, to be used in Courts of law and before other
authorities. This conduct on the part of the retired Judges clearly
violates the intent and spirit of Article 124.

There may be need to amend Article 124 of the Constitution to make it very
explicit what is quite implicit in the said Article. What is also a matter
of concern is that retired Supreme Court Chief Justices are being engaged to
file Affidavits before foreign Courts on behalf of private clients.

One such former Chief Justice appearing for a Japanese Company swore an
affidavit overseas that speedy justice was a far cry in Indian Courts while
another former Chief Justice appearing for the opposite party stated on
affidavit that speedy disposal of cases in India was possible. Obviously the
Court has to disbelieve one of the retired Chief Justices. A very sad
situation indeed.

A former Supreme Court Chief Justice even appeared in the witness box in an
US District Court to depose regarding the tardiness of the Indian judicial
system. Would any Judge of a US or UK Court ever depose or swear an
affidavit in a Court of another country?

These are issues that have to be addressed to ensure the high dignity and
majesty of the Indian Judicial system. In a way the danger to the Judiciary
which is responsible in upholding the rule of law, as a bedrock of Indian
democracy is all from within and not from outside.

Retired Supreme Court judges and Chief Justices should be prohibited, if
necessary by amending Article 124, from engaging in post retirement activity
which may be influenced by the earlier office they held. It may be
appropriate to give the retired Supreme Judges and Chief Justices full
salary as pension. The Government could utilize their services and
expertise as arbitrators on its behalf and could even seek their advice on
important matters of national interest.

Aires Rodrigues
Ribandar
Aires Rodrigues
2009-01-29 13:33:01 UTC
Permalink
Though the Supreme Court of India commands great respect in our country, it
has to be ensured that judicial accountability is always maintained at all
times with the judges of the Supreme Court conforming to the highest
standards of uprightness and integrity.

A matter of great concern is to the fact that some retired Chief Justices
and Judges of the Supreme Court are engaging in post retirement remunerative
legal work.

Article 124 of the Constitution of India clearly forbids retired judges of
the Supreme Court from acting or pleading before any authority within the
territory of India. It is a fundamental legal principle that what cannot be
done directly should also not be done indirectly. It is known to all that
some retired Judges and Chief Justices of the Supreme Court have been
engaging in Chamber practice by rendering written opinions under their
signature for a consideration, to be used in Courts of law and before other
authorities. This conduct on the part of the retired Judges clearly
violates the intent and spirit of Article 124.

There may be need to amend Article 124 of the Constitution to make it very
explicit what is quite implicit in the said Article. What is also a matter
of concern is that retired Supreme Court Chief Justices are being engaged to
file Affidavits before foreign Courts on behalf of private clients.

One such former Chief Justice appearing for a Japanese Company swore an
affidavit overseas that speedy justice was a far cry in Indian Courts while
another former Chief Justice appearing for the opposite party stated on
affidavit that speedy disposal of cases in India was possible. Obviously the
Court has to disbelieve one of the retired Chief Justices. A very sad
situation indeed.

A former Supreme Court Chief Justice even appeared in the witness box in an
US District Court to depose regarding the tardiness of the Indian judicial
system. Would any Judge of a US or UK Court ever depose or swear an
affidavit in a Court of another country?

These are issues that have to be addressed to ensure the high dignity and
majesty of the Indian Judicial system. In a way the danger to the Judiciary
which is responsible in upholding the rule of law, as a bedrock of Indian
democracy is all from within and not from outside.

Retired Supreme Court judges and Chief Justices should be prohibited, if
necessary by amending Article 124, from engaging in post retirement activity
which may be influenced by the earlier office they held. It may be
appropriate to give the retired Supreme Judges and Chief Justices full
salary as pension. The Government could utilize their services and
expertise as arbitrators on its behalf and could even seek their advice on
important matters of national interest.

Aires Rodrigues
Ribandar
Aires Rodrigues
2009-01-29 13:33:01 UTC
Permalink
Though the Supreme Court of India commands great respect in our country, it
has to be ensured that judicial accountability is always maintained at all
times with the judges of the Supreme Court conforming to the highest
standards of uprightness and integrity.

A matter of great concern is to the fact that some retired Chief Justices
and Judges of the Supreme Court are engaging in post retirement remunerative
legal work.

Article 124 of the Constitution of India clearly forbids retired judges of
the Supreme Court from acting or pleading before any authority within the
territory of India. It is a fundamental legal principle that what cannot be
done directly should also not be done indirectly. It is known to all that
some retired Judges and Chief Justices of the Supreme Court have been
engaging in Chamber practice by rendering written opinions under their
signature for a consideration, to be used in Courts of law and before other
authorities. This conduct on the part of the retired Judges clearly
violates the intent and spirit of Article 124.

There may be need to amend Article 124 of the Constitution to make it very
explicit what is quite implicit in the said Article. What is also a matter
of concern is that retired Supreme Court Chief Justices are being engaged to
file Affidavits before foreign Courts on behalf of private clients.

One such former Chief Justice appearing for a Japanese Company swore an
affidavit overseas that speedy justice was a far cry in Indian Courts while
another former Chief Justice appearing for the opposite party stated on
affidavit that speedy disposal of cases in India was possible. Obviously the
Court has to disbelieve one of the retired Chief Justices. A very sad
situation indeed.

A former Supreme Court Chief Justice even appeared in the witness box in an
US District Court to depose regarding the tardiness of the Indian judicial
system. Would any Judge of a US or UK Court ever depose or swear an
affidavit in a Court of another country?

These are issues that have to be addressed to ensure the high dignity and
majesty of the Indian Judicial system. In a way the danger to the Judiciary
which is responsible in upholding the rule of law, as a bedrock of Indian
democracy is all from within and not from outside.

Retired Supreme Court judges and Chief Justices should be prohibited, if
necessary by amending Article 124, from engaging in post retirement activity
which may be influenced by the earlier office they held. It may be
appropriate to give the retired Supreme Judges and Chief Justices full
salary as pension. The Government could utilize their services and
expertise as arbitrators on its behalf and could even seek their advice on
important matters of national interest.

Aires Rodrigues
Ribandar
Aires Rodrigues
2009-01-29 13:33:01 UTC
Permalink
Though the Supreme Court of India commands great respect in our country, it
has to be ensured that judicial accountability is always maintained at all
times with the judges of the Supreme Court conforming to the highest
standards of uprightness and integrity.

A matter of great concern is to the fact that some retired Chief Justices
and Judges of the Supreme Court are engaging in post retirement remunerative
legal work.

Article 124 of the Constitution of India clearly forbids retired judges of
the Supreme Court from acting or pleading before any authority within the
territory of India. It is a fundamental legal principle that what cannot be
done directly should also not be done indirectly. It is known to all that
some retired Judges and Chief Justices of the Supreme Court have been
engaging in Chamber practice by rendering written opinions under their
signature for a consideration, to be used in Courts of law and before other
authorities. This conduct on the part of the retired Judges clearly
violates the intent and spirit of Article 124.

There may be need to amend Article 124 of the Constitution to make it very
explicit what is quite implicit in the said Article. What is also a matter
of concern is that retired Supreme Court Chief Justices are being engaged to
file Affidavits before foreign Courts on behalf of private clients.

One such former Chief Justice appearing for a Japanese Company swore an
affidavit overseas that speedy justice was a far cry in Indian Courts while
another former Chief Justice appearing for the opposite party stated on
affidavit that speedy disposal of cases in India was possible. Obviously the
Court has to disbelieve one of the retired Chief Justices. A very sad
situation indeed.

A former Supreme Court Chief Justice even appeared in the witness box in an
US District Court to depose regarding the tardiness of the Indian judicial
system. Would any Judge of a US or UK Court ever depose or swear an
affidavit in a Court of another country?

These are issues that have to be addressed to ensure the high dignity and
majesty of the Indian Judicial system. In a way the danger to the Judiciary
which is responsible in upholding the rule of law, as a bedrock of Indian
democracy is all from within and not from outside.

Retired Supreme Court judges and Chief Justices should be prohibited, if
necessary by amending Article 124, from engaging in post retirement activity
which may be influenced by the earlier office they held. It may be
appropriate to give the retired Supreme Judges and Chief Justices full
salary as pension. The Government could utilize their services and
expertise as arbitrators on its behalf and could even seek their advice on
important matters of national interest.

Aires Rodrigues
Ribandar
Aires Rodrigues
2009-01-29 13:33:01 UTC
Permalink
Though the Supreme Court of India commands great respect in our country, it
has to be ensured that judicial accountability is always maintained at all
times with the judges of the Supreme Court conforming to the highest
standards of uprightness and integrity.

A matter of great concern is to the fact that some retired Chief Justices
and Judges of the Supreme Court are engaging in post retirement remunerative
legal work.

Article 124 of the Constitution of India clearly forbids retired judges of
the Supreme Court from acting or pleading before any authority within the
territory of India. It is a fundamental legal principle that what cannot be
done directly should also not be done indirectly. It is known to all that
some retired Judges and Chief Justices of the Supreme Court have been
engaging in Chamber practice by rendering written opinions under their
signature for a consideration, to be used in Courts of law and before other
authorities. This conduct on the part of the retired Judges clearly
violates the intent and spirit of Article 124.

There may be need to amend Article 124 of the Constitution to make it very
explicit what is quite implicit in the said Article. What is also a matter
of concern is that retired Supreme Court Chief Justices are being engaged to
file Affidavits before foreign Courts on behalf of private clients.

One such former Chief Justice appearing for a Japanese Company swore an
affidavit overseas that speedy justice was a far cry in Indian Courts while
another former Chief Justice appearing for the opposite party stated on
affidavit that speedy disposal of cases in India was possible. Obviously the
Court has to disbelieve one of the retired Chief Justices. A very sad
situation indeed.

A former Supreme Court Chief Justice even appeared in the witness box in an
US District Court to depose regarding the tardiness of the Indian judicial
system. Would any Judge of a US or UK Court ever depose or swear an
affidavit in a Court of another country?

These are issues that have to be addressed to ensure the high dignity and
majesty of the Indian Judicial system. In a way the danger to the Judiciary
which is responsible in upholding the rule of law, as a bedrock of Indian
democracy is all from within and not from outside.

Retired Supreme Court judges and Chief Justices should be prohibited, if
necessary by amending Article 124, from engaging in post retirement activity
which may be influenced by the earlier office they held. It may be
appropriate to give the retired Supreme Judges and Chief Justices full
salary as pension. The Government could utilize their services and
expertise as arbitrators on its behalf and could even seek their advice on
important matters of national interest.

Aires Rodrigues
Ribandar
Aires Rodrigues
2009-01-29 13:33:01 UTC
Permalink
Though the Supreme Court of India commands great respect in our country, it
has to be ensured that judicial accountability is always maintained at all
times with the judges of the Supreme Court conforming to the highest
standards of uprightness and integrity.

A matter of great concern is to the fact that some retired Chief Justices
and Judges of the Supreme Court are engaging in post retirement remunerative
legal work.

Article 124 of the Constitution of India clearly forbids retired judges of
the Supreme Court from acting or pleading before any authority within the
territory of India. It is a fundamental legal principle that what cannot be
done directly should also not be done indirectly. It is known to all that
some retired Judges and Chief Justices of the Supreme Court have been
engaging in Chamber practice by rendering written opinions under their
signature for a consideration, to be used in Courts of law and before other
authorities. This conduct on the part of the retired Judges clearly
violates the intent and spirit of Article 124.

There may be need to amend Article 124 of the Constitution to make it very
explicit what is quite implicit in the said Article. What is also a matter
of concern is that retired Supreme Court Chief Justices are being engaged to
file Affidavits before foreign Courts on behalf of private clients.

One such former Chief Justice appearing for a Japanese Company swore an
affidavit overseas that speedy justice was a far cry in Indian Courts while
another former Chief Justice appearing for the opposite party stated on
affidavit that speedy disposal of cases in India was possible. Obviously the
Court has to disbelieve one of the retired Chief Justices. A very sad
situation indeed.

A former Supreme Court Chief Justice even appeared in the witness box in an
US District Court to depose regarding the tardiness of the Indian judicial
system. Would any Judge of a US or UK Court ever depose or swear an
affidavit in a Court of another country?

These are issues that have to be addressed to ensure the high dignity and
majesty of the Indian Judicial system. In a way the danger to the Judiciary
which is responsible in upholding the rule of law, as a bedrock of Indian
democracy is all from within and not from outside.

Retired Supreme Court judges and Chief Justices should be prohibited, if
necessary by amending Article 124, from engaging in post retirement activity
which may be influenced by the earlier office they held. It may be
appropriate to give the retired Supreme Judges and Chief Justices full
salary as pension. The Government could utilize their services and
expertise as arbitrators on its behalf and could even seek their advice on
important matters of national interest.

Aires Rodrigues
Ribandar

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