Guwahati: Supreme Court judge Justice Ujjal Bhuyan has questioned the practice of retired judges entering politics or accepting political appointments, saying the belief that a former Chief Justice of India (CJI) joining the Rajya Sabha could bridge the gap between the judiciary and the executive is “fundamentally wrong.”
His remarks have reignited the debate on judicial independence, the separation of powers and post-retirement appointments of judges.
Speaking at a public event, Justice Bhuyan emphasised that India’s constitutional framework is based on the separation of powers, with the legislature, executive and judiciary functioning independently while respecting each other’s constitutional roles.
“If we have two legs at one place, the stool will fall apart. This is the fundamental principle. Therefore, when a former Chief Justice of India says he is going to the Rajya Sabha to bridge the gap between the judiciary and the executive, it is fundamentally wrong,” Justice Bhuyan said.
He argued that there is no constitutional “gap” between the judiciary and the executive that requires a retired judge to act as a bridge. Instead, each institution is expected to function independently within its own sphere while maintaining the constitutional system of checks and balances.
Justice Bhuyan further said that it is for this reason that post-retirement political appointments of judges raise concerns, as they can blur the separation between the judiciary and the other branches of government.
According to him, retired judges joining politics or accepting political positions may create a perception that weakens the constitutional principle of judicial independence and erodes public confidence in the impartiality of the judiciary.
Justice Bhuyan‘s remarks have once again brought the spotlight on the need to uphold the separation of powers while maintaining public trust in India’s constitutional framework.