Lawfully yours: By Retired Justice K Chandru | High time we enact legislation to end cravings of 'looking forward' judges

CHENNAI: Bureaucrats and judges joining political parties and getting into the power game soon after demitting office is no longer a rarity. It raises serious questions of impropriety about the independent nature of these constitutional authorities. What is the guarantee that their decisions and judgments are not insulated from the lure of coveted post-retirement positions? Can't there be rules to end this, or at least deny such people retirement perks? Why can't the government tweak the applicable service rules so that there is a cooling-off period and appropriate action can be initiated in case of violation of this period?

-- Balachandar, Tiruporur

It is said that some judges are 'forward-looking' while many others are 'looking forward' judges. The craving for post-retirement positions is on the increase. The problem is that they start lobbying for positions even before the completion of their tenure, raising doubts about their impartiality.

A Bill was brought in the Parliament called the Judicial Standards and Accountability Bill (JSA Bill). The Bill had provisions to enforce certain standards of conduct on judges. It even maintained that every judge will file an annual report of his assets and liabilities and the same will be displayed on the webpage of the court to which he or she belongs, in the interests of transparency. The Bill was introduced in the Lok Sabha but was not debated in the Rajya Sabha and did not become law. It is high time certain ethical standards were prescribed by enacting such legislation.

Courts not suited to decide on matters like saving country from imperial onslaught

The recent talk by US President-elect Donald Trump threatening to put a tariff barrier on BRICS countries, including India, if they choose to replace the dollar as a currency of trade seems to be a direct threat to the nation’s sovereignty. Do I have any legal right to file a case against the government of India, asking it to protect the country against any such form of imperialism peddled through the dominance of dollar-based transactions?

-- S Manikandan, Medavakkam, Chennai

You keep your intention to file such cases in courts in India away. If you do, you will be bogged down with heavy costs. Courts are not suited to decide such issues and they will always keep away from entertaining such matters. The US is an imperial power and it requires the countries to stand up and fight its fiscal policies.