Is the Involvement of Retired Judges in Politics a Publicity Stunt?

Synopsis
Key Takeaways
- Retired judges should maintain neutrality.
- Political involvement can tarnish judicial reputation.
- Collegium's decisions are made within a structured system.
- Public perception of judiciary is critical.
- Judiciary’s independence must be preserved.
New Delhi, Aug 29 (NationPress) Former Uttarakhand High Court Judge Lok Pal Singh expressed his disapproval on Friday regarding the rising phenomenon of retired jurists engaging in what he termed as “political activism” and making critical remarks about both the Supreme Court and High Courts for the sake of publicity.
“It’s inappropriate for a retired judge to become involved in politics. I have great respect for retired judges, but they should consistently avoid making statements against the Supreme Court and High Courts,” stated Justice (Retd) Lok Pal Singh in an interview with IANS.
He indicated that it would have been more beneficial if these retired judges had voiced their opinions or criticized the Supreme Court collegium while still serving on the benches.
“Methods aimed at exerting pressure should be avoided. Those interested in practicing ‘pressure tactics’ should consider entering politics, where they will find a suitable platform for such activities,” remarked Justice Lok Pal Singh, labeling the remarks regarding the collegium’s decisions as a “publicity stunt”.
In response to Law Commission Member Hitesh Jain’s comments, the former judge noted, “Every individual starts as a lawyer, with some transitioning into judges. They carry their prior ideologies into their judicial roles, and even post-retirement, they tend to adhere to these ideologies. Their statements stem from this perspective.”
Jain had criticized a subset of retired judges, accusing them of functioning as “political activists” while masquerading as defenders of judicial independence.
A notable divide among retired judges has surfaced recently, particularly following former Supreme Court Judge B. Sudershan Reddy's candidacy for the Vice President’s election representing the INDIA bloc. Justice Reddy has also faced political backlash for being labeled “anti-Maoism” due to his involvement in the 2011 ‘Salwa Judum’ ruling that disbanded state-sponsored groups intended to combat Maoists.
Justice Lok Pal Singh stated that a recent letter of support from 18 judges for Justice Reddy could have been avoided. “This action has tarnished the judiciary's reputation. The public now perceives the judiciary through a political lens,” he added.
Commenting on the 4:1 split in the collegium concerning the elevation of Patna High Court Chief Justice Vipul Pancholi to the Supreme Court, Justice Lok Pal Singh remarked, “The collegium operates within a system, and there are numerous instances where junior judges have been elevated before their seniors.”
He dismissed criticism directed at the collegium as futile, stating, “After retirement, whether a Supreme Court judge, a High Court judge, or myself, our continued discourse has no effect on the collegium.”
He also brought attention to the significant backlog of cases in the nation and concurred with Supreme Court Judge Surya Kant that substantial improvements are needed from those appointed as judges.