Judicial and Government Post-Retirement Employment

The recent retirement statements by Justice Sanjiv Khanna and his successor, Justice B R Gavai, emphasize avoiding post-retirement assignments. This stance might subtly criticize past practices, such as Justice D Y Chandrachud's defense of judges taking post-retirement roles in tribunals. Their perspective upholds a principle against practices that raise ethical concerns.

Post-Retirement Assignments: Ethical Considerations

• Government servants accepting post-retirement jobs, although common, should consider ethical implications.
• Principled judgment is crucial due to potential influence on policy decisions or judicial pronouncements.

Rules and Regulations

• "Cooling-off period":
  • Central Civil Services and All-India Services require a one-year gap before joining private enterprises.
  • Until December 2015, this period was two years.
• No cooling-off period for government posts, but rules often waived or altered by the Union government.

Examples of Rule Waivers

• 2007: Ashok Jha was exempted to join Hyundai India before completing the cooling-off period.
• 2018: S Jaishankar joined Tata Sons shortly after retirement with a waiver.
• 2014: An ordinance was issued to change regulations for Nripendra Misra’s appointment as principal secretary.

Additional Concerns

• Government servants resigning or taking voluntary retirement also face a mandatory one-year cooling-off period, with potential conflicts of interest unaddressed.
• Example: Archana Goyal Gulati joined Google after serving the cooling-off period, previously involved in investigating Google's parent company.

Political Party Involvement Post-Retirement

• No rules prevent retired government servants from joining political parties.
• The Supreme Court indicated legislative action is needed, but such a law seems unlikely due to the increasing number of former government servants in Parliament.