Take cue from India CJ on post-retirement  jobs of judges

The newly appointed Chief Justice of India B.R. Gavai this week spoke on the concerns over post-retirement jobs taken by the judges and publicly pledged, along with his colleagues in the Indian Supreme Court, not to accept any post-retirement roles or positions from the Government.

In a widely reported speech, he said the timing and nature of such post-retirement engagements could undermine the public’s trust in the judiciary’s integrity, as it could create a perception that judicial decisions were influenced by the prospect of future government appointments or political involvement.

“Another point of discussion is post-retirement jobs taken by judges. In India, judges are subject to a fixed retirement age. If a judge takes up another appointment with the government immediately after retirement or resigns from the bench to contest elections, it raises significant ethical concerns and invites public scrutiny,” he said.

“In light of this, many of my colleagues and I have publicly pledged not to accept any post-retirement roles or positions from the government. This commitment is an effort to preserve the credibility and independence of the judiciary,” CJI Gavai said.

Ironically the Indian Chief Justice’s comments came almost the same time that Sri Lanka’s former Chief Justice Jayantha Jayasuriya was presenting his credentials to UN Secretary-General Antonio Guterres in New York. He succeeded another Chief Justice Mohan Peiris who was in the post prior to him.

Wishing him on his appointment was Deputy Minister of Foreign Affairs and Foreign Employment Arun Hemachandra who posted a photo with Jayasuriya on his social media account stating the former CJ’s vast experience in the judiciary and deep engagement with constitutional matters will no doubt serve Sri Lanka well in this important global role.

No one will question Jayasuriya’s suitability to hold the post. He is a former Attorney General who served in the post before being evaluated to the Supreme Court and became CJ. He also stood firm when the country was in the throes of one of its worst constitutional crises after the resignation of President Gotabaya Rajapaksa. Then Prime Minister Ranil Wickremesinghe had to be sworn in as the President and it was paramount that the CJ agree to do so and given the scenes on the streets with some even threatening to burn down the Parliament, Jayasuriya discharged his conditional duties and administered the oath of President on Wickremesinghe. His failure to do so may have led to the collapse of rule of law and left even the judiciary seriously undermined.

That said, it’s important to pay heed to the words of the Indian CJ. In a country like Sri Lanka where interference in the work of the judiciary is not uncommon, and people’s confidence in the judiciary isn’t exactly as high as it should be, those who occupy the highest seats in the judiciary need to be above board and not leave any room for finger pointing. His predecessor Mohan Peiris had many people pointing fingers at him for being allied to the Rajapaksas while on the bench. When his term ended, he was appointed as Permanent Representative to the UN in New York which made it worse.

Jayasuriya has not been linked to any political party but taking up political appointments can seriously undermine one’s credibility, especially when they have served in one of the highest positions in the country. Even if people trust the judges, they don’t trust politicians and any appointment made by the political leaders will come under scrutiny.

Hence it would be good if those in the superior courts of Sri Lanka pay heed to the words of the Chief Justice of India.