Many are now asking whether Justice Chandrachud will follow in the footsteps of his predecessors and don the mantle of head of the National Human Rights Commission (NHRC).

Chief Justices of India (CJIs), who held the office of the Chairman of the NHRC include Justice Ranganath Misra from October 12, 1993, to November 24, 1996; Justice M N Venkatachalliah from November 26, 1996, to October 24, 1999; Justice J S Verma from November 4, 1999 to January 17, 2003; Justice A S Anand from February 17, 2003 to October 31, 2006; Justice S Rajendra Babu from April 2, 2007 to May 31, 2009; Justice K G Balakrishnan from June 7, 2010 to May 11, 2015;  Justice H L Dattu from February 29, 2016 to December 2, 2020 and Justice Arun Mishra from June 1, 2021 till June 1, 2024.

Some are of the view that the coveted constitutional position has been kept vacant for him, ever since Justice Arun Mishra’s tenure ended four-and-a-half months back, with NHRC member Vijaya Bharti Sayani made the acting chairman. 

However, as per rules, any former Supreme Court judge can now be appointed as NHRC chairman. The NHRC Act was amended in 2019 to allow any person who has been the Chief Justice or a judge of the Supreme Court to be chairperson of the body. It also reduced the term of office from 5 years to three.

However, there are many who believe that Chandrachud himself may not be keen on taking up the job of NHRC chairman and may wish to lead a retired life. In his farewell speech, Justice Chandrachud acknowledged that he would no longer serve as the country’s top judge, saying, “I won’t be able to deliver justice from tomorrow, but I am content.” 

So what can former CJIs and SC justices do after retirement? Let's take a look.

No Can Do

After retirement, CJIs and other SC judges are prohibited from taking up law practice at the Bar in any court in the country, under provisions of the Article 124(7) of the Constitution, which says: “No person, who has held office as a judge of the Supreme Court, shall plead or act in any court or before any authority within the territory of India.”

The reason for this prohibition is to ensure the integrity and impartiality of the judiciary, say legal experts, adding that this would amount to allowing a former CJI or any SC judge to practice law, creating situations where their previous judgments could have (or be perceived to have) an undue impact on the judicial process, which includes ‘conflict of interest’, ‘upholding judicial integrity’, ‘ethical considerations’ and ‘preventing undue influence’. 

Available Sinecures

However, the CJI and other SC judges are not prohibited from taking up other roles, such as: 

Arbitration and Mediation: Retired judges often take up roles as arbitrators or mediators in various disputes. This is because of their legal expertise and understanding of complex legal matters. The Arbitration and Conciliation Act, 1996, allows retired judges to be appointed as arbitrators, providing them a platform to continue contributing to the legal field.

Chairpersons or Members of Commissions: Retired judges frequently serve as chairpersons or members of various commissions and tribunals, such as the Law Commission of India, the NHRC, or the National Green Tribunal. Their experience and expertise are invaluable in these roles.

Academia and Legal Education: Many retired judges contribute to the field of legal education, by teaching in law schools, delivering lectures or writing on legal issues. This allows them to impart their vast knowledge and experience to the next generation of legal professionals.

Public Service: Some retired judges are appointed to constitutional and statutory positions, such as the Governor of a state or the heads of various governmental committees and commissions.