Should Judges Join Politics? What Ex Chief Justice DY Chandrachud Said

The society continues to view former judges as custodians of the law and their lifestyle must accord with the sense of faith the society has in the legal system, said DY Chandrachud, former Chief Justice of India when asked if retired judges should join politics.

Asked if he would ever join politics himself, he asserted he would not do anything after the age of 65 which would cast an element of doubt on his work and the integrity of the judicial system.

“The society continues to look at you as a judge even when you lay down office. Therefore, things that are alright for other citizens, the society expects would not be alright for judges to do, even when they cease to be in office,” he said at NDTV’s Samvidhan@75 conclave.

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Justice Chandrachud, who retired earlier this month after serving as the country’s top judge for two years, clarified he was not casting an aspersion on judges who joined politics in the past.

“It is for every judge to take a call on whether a decision that they take after retirement will have a bearing on how people assess the work they did as a judge. If you join politics right after retirement, it may give rise to a certain perception on the members of the society on what was the extent to which his judicial work was influenced by the politics he adapted,” he added.

Acknowledging the role that the judicial institution has played in his career, he said, “Whatever a former judge does – his behaviour or personal lifestyle – must accord with the sense of faith the society has in your institution.”

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He said judges are also private citizens and are entitled to the same rights that any other citizen gets, but society expects a higher standard of behaviour from them. “There should be some element of consensus within the judiciary on what is acceptable and what not is acceptable. That consensus has still not evolved,” he added.

He also suggested that sitting judges may discuss with former judges what is most appropriate for retired judges to do.