New Delhi, May 29 (PTI) Union Law Minister Arjun Ram Meghwal has rejected the idea of a mandatory "cooling-off period" for retired judges before they take up assignments from the government, saying there is no case for restricting "judicious and mentally sound" people from continuing to work.

In an exclusive interview to PTI on Thursday, Meghwal, who is a minister of state (independent charge) in the ministry of law and justice, said there were "two schools of thought" within the judiciary itself on whether retired judges should immediately take up assignments.

"Some say there should be a cooling period, some say appointments should not be made in haste, while others say there should not be a delay. Everyone has different views," he said, responding to questions on the subject.

The minister pointed to vacancies in tribunals and stressed the need for experienced adjudicators in bodies such as the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT).

"We have tribunals. We have NCLT and NCLAT. If a capable person is mentally sound and judicious, what is the problem in giving work quickly?” Meghwal said.

The remarks come amid a continuing debate over post-retirement appointments of judges and concerns raised by sections of the legal community and opposition parties over judicial independence and possible conflicts of interest.

Besides tribunals, retired judges are also appointed to bodies like the National Human Rights Commission (NHRC), Lokpal, Law Commission and the Press Council of India, as also high-level committees and commissions set up from time to time for specific law making and recommendatory exercises, and investigations.

Meghwal said the debate around cooling-off periods was often based on a perception that judges could be rewarded for favourable judgments after retirement, but added that such assumptions were misplaced.

"The issue of cooling period is that it should not appear that because someone gave a particular judgment, they were appointed somewhere. That is not how it happens,” Meghwal said.

He added that there was no case for appointing judges whose track record in service was not considered good.

"Capable judges", on the other hand, should not face any restriction on taking up assignments, he said.

"There is no need to appoint judges who have retired but are not known to have served well. But if there is a good judge with a judicious nature, who is healthy and mentally sound, what is the problem in appointing such a person immediately?" he said.

The minister also said that many retired judges themselves refuse to take up new assignments, saying they are more interested in arbitration work.

While the minister didn't specify any reason, arbitration is seen as a preferred and much lucrative job for retired judges with fees said to be running into lakhs of rupees per sitting for some.

Asked whether such appointments could create a public perception of favouritism, Meghwal said the practice of appointing retired judges to tribunals and other bodies had existed for a long time.

"There is nothing like that. This has existed earlier as well. Some people give it a political colour, but there is nothing like that in it," he said.

Meghwal also highlighted the shortage of personnel across tribunals, saying many positions remained vacant despite efforts by the government to persuade retired judges to join.

"We have 21 tribunals and many posts are lying vacant. Many times, we call judges and ask if they would like to serve there, but some say they prefer arbitration work," he said.

The Centre has previously told Parliament that the Constitution does not provide for any cooling-off period for judges before accepting post-retirement assignments.

In a written reply in the Lok Sabha in November 2024, the government had said that information on post-retirement appointments of judges was not maintained centrally, as such appointments were made in a "decentralised manner" by the Centre, states, and Union Territories under their respective frameworks.

On whether the Chief Justice of India had written to the government seeking a revision of salaries and allowances for Supreme Court and high court judges, Meghwal said the issue under consideration was not related to salaries but to the retirement age of judges.

“It is not an issue of salary. The matter regarding age has been pending. If there is any other letter, we will look into it," Meghwal said. PTI VJ SBR BJ ARI

Cooling-off period for retired judges rejected as unnecessary where capable adjudicators are needed in tribunals and other bodies. Post-retirement appointments of judges to tribunals and other government bodies remain a contested policy issue, with the Law Minister stating that there is no justification for a mandatory cooling-off period for retired judges who are mentally sound, capable and judged to have served well. The remarks emphasise the need for experienced adjudicators in vacancy-ridden institutions such as the NCLT and NCLAT, and extend to other assignments including the NHRC, Lokpal, Law Commission, Press Council of India, and various committees and commissions.