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Post-Retirement Appointments of Judges: Constitutional Permissibility and Judicial Independence
['Prakarsh Pandey']
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Judicial independence is indispensable to the rule of law and to constitutional democracy.
Constitutional discourse on the subject therefore seeks to balance two legitimate interests: making good use of the expertise retired judges have accumulated, and protecting judicial independence from actual or perceived executive influence.
Constitutional Framework Governing Judicial IndependenceThe Constitution of India does not expressly prohibit post-retirement appointments, but it embeds several safeguards for judicial independence and the separation of powers.
Judicial Independence and the Post-Retirement Appointments DebateJudicial independence — the ability of judges to decide cases free of bias, pressure, or self-interest — is part of the basic structure of the Constitution.
It is against this backdrop that post-retirement appointments raise concern.