Exclusive: DY Chandrachud on his plans after retiring as Chief Justice of India

Dhananjaya Y Chandrachud is set to retire as the Chief Justice of India on Sunday, November 10. He delivered his final order from the Supreme Court’s top chair on ‘bulldozer justice’.

DY Chandrachud gave his final order on as CJI on bulldozer justice.

Chandrachud took over as the Chief Justice of India on November 9, 2022. He will now be succeeded by Justice Sanjiv Khanna, who will assume office on Monday, November 11.

But as Chandrachud — known for his stern observations and verdicts — retires, people are beginning to wonder what his post-retirement life would like.

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In a conversation with HT, Chandrachud revealed that according to his personal belief, once a person retires as a CJI or a judge, people still continue to look up to them as a judge of CJI. Therefore, he noted that such a person’s actions post laying down the office should also be a reflection of their true responsibility.

“About my assumption of any office, I can assure you that my personal belief is that even when you lay down office as a CJI or a judge, people always look upon you as a judge or CJI. Society expects a certain standard of behaviour and I do believe speaking for myself that I should be true to the office that I held and in everything I do after retirement,” he said.

Retired judges and roles in tribunals

CJI Chandrachud highlighted how retired judges are required to serve in several tribunals like the National Green Tribunal, the National Consumer Disputes Redressal Commission, and the Telecom Disputes Tribunal, etc., under the parliamentary statutes.

Hinting at possible roles for a Supreme Court judge, or CJI, Chandrachud said the nature of the cases that are presented before these tribunals are such that they hold immense value, requiring individuals with “highest levels of integrity and expertise to preside over these matters. It is for this reason that former judges, particularly those from the Supreme Court and High Court, are appointed to these roles.”

He, however, also listed some drawbacks in such cases where retired judges take up roles in tribunals or grievance redressals, saying that their actions in this chair might be viewed as a quid pro quo for their verdicts during their tenure in office. Such an interpretation prevents many judges from accepting post-retirement roles, Chandrachud said, describing it as an “unfortunate” situation.

Chandrachud noted that not having judges with highest integrity and expertise in these roles ultimately means that the development and transformation of the nation’s economy gets affected. Terming it to be a “serious concern”, he explained that it is because the functioning of these tribunals is a necessity to handle disputes that arise from the increasingly complex, nuanced legal and economic scenarios.

“Therefore, I believe the media should reconsider how it portrays retired judges accepting these roles. We need former judges in these positions to ensure that the process is fair and trustworthy,” Chandrachud said.

‘Should be true to office I held’

He said that authority of the parliament’s decision to create such roles for retired judges of the Supreme Court should not result in the judge — who is taking up the role — being questioned or chastised.

Expressing his belief in always being looked up to as a CJI or a judge, Chandrachud said, “Society expects a certain standard of behavior and I do believe speaking for myself that I should be true to the office that I held and in everything I do after retirement.”

Chandrachud’s response clarify that if he takes up any such role post retirement, his actions from that position would reflect the truth that his office as the CJI held.

On his last working day — Friday, November 8 — Chandrachud delivered a farewell speech and sought ‘forgiveness’ in case he ‘ever hurt anyone’.

He had expressed his gratitude and love towards the apex court, saying that “it this court that keeps me going…we meet people we possibly don’t know”. He also thanked all the advocates, the Supreme Court members.

Notably, Chandrachud was appointed as a judge of the Supreme Court in May 2016 and took over as the Chief Justice of India in November 2022.