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Synopsis

Senior Advocate Adish C Aggarwala, serving presently as the President of the Supreme Court Bar Association, has penned a letter to Prime Minister Narendra Modi, advocating for crucial reforms within the judiciary. The letter dated April 23, 2024, highlights pressing concerns and proposes amendments to statutes to address perceived threats to judicial independence.

The focal points of the letter revolve around three main issues: the appointment of retired judges to tribunals and commissions, the retirement age of judges, and the post-retirement transition of judges into politics. Dr. Aggarwala asserted that the current practice of appointing retired judges to key positions within commissions and tribunals raises questions about their impartiality and integrity during their tenure on the bench.

The letter demands amendments to the relevant Acts “to provide for Tribunals and Commissions to be manned by either sitting Judges of Supreme Court/High Courts/District Courts or by eminent lawyers. Where the Rules already provide for eligibility of sitting judges or of lawyers, the said judges or lawyers should be so appointed instead of making a selection from among retired judges”

Dr Aggarwala’s letter also states, “If advocates can be considered for being appointed as Judges of important Constitutional Courts, there is no reason why they should not be in the zone of consideration for heading Tribunals and Commissions. This will make the adjudicatory process efficient with the fora being manned by an energetic and enthusiastic force of younger presiding officers having longer tenures.”

Additionally, the letter highlights instances where judges, upon retirement, assume political roles, casting doubts on their prior judicial conduct and impartiality. The letter quoted as example, the recent instance of resignation of Justice Abhijit Gangopadhyay from the Calcutta High Court followed by his swift transition into a political role with the BJP, where he is now contesting from the Tamluk Parliamentary constituency. In light of similar occurrences, Dr. Aggarwala has urged the government to seriously consider enacting legislation that would prohibit former judges from engaging in political activities for a minimum of two years immediately after retiring from their judicial positions. This proposed cooling-off period is seen as essential to safeguarding public trust and confidence in the judiciary, prioritising these foundational principles over the personal interests and ambitions of retired judges.

Furthermore, Dr. Aggarwala advocates for an increase in the retirement age of judges by three years, aimed at optimising the utilisation of experienced judicial talent and reducing the backlog of cases. He suggests that “judges should be profitably used in Courts for longer tenures by raising the retirement age of Supreme Court Judges from 65 years to 68 years and that of High Court Judges from 62 years to 65 years. The retirement age of judges in the district courts may be raised from 60 years to 63 years.”

The letter also touched upon recent remarks made by senior advocates critical of the judiciary while highlighting concerns about vested interest groups undermining the judiciary's image. The letter pointed out that Dr. Adish Aggarwala, along with Senior Advocate Harish Salve and Bar Council of India Chairperson Manan Kumar Mishra, addressed these issues in a letter to the Chief Justice of India on March 26, 2024. They urged proactive measures to safeguard the judiciary's reputation, especially amidst cases involving political corruption.

The letter also noted remarks made by Senior Advocate Kapil Sibal during a Supreme Court hearing on March 24, 2024, criticising Sibal's statement for its contemptuous words “When the history of this Court will be written, this period will not be golden,”  while arguing a case recently and emphasised the duty of advocates to respect courts and avoid scandalous remarks.

Furthermore, Dr. Aggarwala commended seasoned senior lawyers who uphold professional standards, regardless of court rulings. Notable names include Advocates Salman Khurshid,. Ashwani Kumar, Abhishek Manu Singhvi, and others, who argue cases on their merits without disparaging the judiciary.

Dr. Aggarwala concluded the letter by expressing his hope that Prime Minister Modi's administration will consider these proposed reforms seriously, in alignment with their commitment to strengthening the judiciary and preserving its integrity.

The letter has been copied to Dr. Justice D.Y. Chandrachud, Chief Justice of India, with a request to deliberate on the issues raised during the upcoming Joint Conference of Chief Ministers and Chief Justices.