Controversy Surrounding Entry of Judges In Politics

March 7, 2024

Context:

This editorial is based on the news “Abhijit Gangopadhyay | A Judge’s entry into politics” which was published in the Hindu.

Former Judge Abhijit Gangopadhyay announced joining BJP after resigning from Calcutta High Court. This development can raise questions on the functioning of the judiciary.

Relevancy for Prelims: Indian Judiciary, Supreme Court, High Courts In India, and State Of The Judiciary Report.

Relevancy for Mains: Entry of Judges In Politics: Issues, and Challenges.

Entry of Judges In Politics: An Example of the Gangopadhyay’s Judicial Impact

The former judge had directed investigation by the Central Bureau of Investigation (CBI) on at least 14 occasions in cases relating to the school and municipal recruitment scam in West Bengal.
This resulted in arrests of ministers and leaders, exposing corruption in the recruitment system.

Earlier Interventions of Supreme Court:

The Supreme Court intervened in January 2024 after Abhijit Gangopadhyay accused a senior Judge of ‘misconduct’ and political bias.
Earlier, on April 28, 2023, the court stayed his order regarding case reassignment.

Issues With Entry of Judges In Politics

Erosion of Trust: It contributes to erosion of trust in the overall judiciary.
Concerns of Bias: There have been questions on the impartiality of orders delivered by the judge during his tenure.
Review Demands: There have been demands seeking a review of all orders as there are doubts about potential political bias.
Timing of resignation:
- The resignation of the former judge before superannuation opens him to political attacks.
- The timing of his resignation is being questioned amid BJP’s candidate selection for Lok Sabha polls.
- However, the judge cites the desire to contribute to the state on a larger platform beyond judiciary limitations.

Conclusion

There are doubts raised about the former judge’s intentions in politics is a genuine fight against corruption or opportunistic use of political winds before elections.

Also Read: Revival Of RTI Act: Supreme Court Verdict On Electoral Bond

Mains Question: Post-retirement appointments in Judiciary undermine the doctrine of Separation of powers. Discuss. (10 marks, 150 words)

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