This Article is From Oct 08, 2014

Can't Fix Cooling Off Period for Judges to Take Government Jobs: Supreme Court

Can't Fix Cooling Off Period for Judges to Take Government Jobs: Supreme Court
New Delhi: The Supreme Court today refused to fix any cooling off period for judges to take up government assignments after retirement, an issue which has been widely debated after former Chief Justice of India P Sathasivam took governorship soon after his tenure ended.

A bench headed Chief Justice HL Dattu dismissed a plea seeking its direction for stipulating cooling off period for retired judges and restraining governments from appointing retired judges of the Supreme Court and high courts to any post without the consultation and concurrence of the Chief Justice of India or the Chief Justices of the high courts.

Interestingly, Justice Dattu's predecessor, Justice RM Lodha, on his last day in office, had said that there should be a cooling off period of two years for judges and said that he won't take any government assignment during the period.

The court was hearing a plea filed by one Mohammed Ali who pleaded that it is necessary to pass order regarding this to protect the integrity of judiciary.

He submitted that there is no provision as such in the Constitution as constitution maker had not expected that retired Chief Justice of India would accept any post offered by the government.
.