The judgment establishes the fundamental importance of judicial independence, the need for judges to maintain impartiality and dignity, and the potential impact of post-retirement activities on the judiciary's independence and public confidence.

K. Narayana Kurup, J.

Having regard to the manner in which I propose to dispose of this Original Petition, I-am satisfied that notice to the 5th respondent is not necessary. Accordingly, notice to the 5th respondent is dispensed with. Service of notice to other respondents is complete and counsel (s) heard.

2. This Writ Petition filed in the nature 'of Public Interest Litigation (PIL) is for the issuance of a writ of mandamus directing the 3rd respondent to declare the candidature of the 5th respondent as null and void and for the direction to the first respondent "restraining the retired judges of High Court and Supreme Court from contesting in the election to the Union and State Legislatures within 10 years of the retirement" and for a direction commanding 4th respondent to conduct an enquiry into the allegations raised against the 5th respondent in Exts. P1 and P2 news reports and for a declaration that retired judges are not entitled to be appointed as Commissions under the Commissions Inquiries Act and Members of the Statutory Tribunals within 10 years of their retirement. Since the election in which the 5th respondent contested is already over, no relief in that regard is liable to be granted in the present proceedings. The relief in the nature of a direction to the 4th respondent to conduct an enquiry into the allegations raised against the 5th respondent in Exts. P1 and P2 news reports is misplaced and the same is also not liable to be granted in the present proceedings. Regarding the other reliefs prayed, I propose to deal with them in a wider perspective as it has a direct bearing on the independence of the judiciary and consequently on public interest.

3. A fearless and independent judiciary is the very basic foundation of our Constitutional edifice. Democracy cannot exist without justice and justice cannot exist without an independent judiciary. Indeed, the judiciary should exhibit fierce independence manifested through a rare courage of conviction. Not only should it be independent but it must also appear to be so. The judiciary is identified as the last bulwark against arbitrariness and all that can be broadly labelled as not only unjust but also immoral. The Nation reveres and holds in awe the uncompromising attitude of the judiciary on various vital issues affecting the Country. In fact, the impression of the judiciary as final bastion against what is unjust is not of recent origin; it is discernible throughout the recorded history of mankind.

4. The Indian judiciary occupies a unique and exalted position. It stands on a high pedestal and must remain so. Only men can it in still strength and vitality to the effective functioning of our Constitution. Any act that may adversely affect this unique and revered position of the judiciary will undoubtedly weaken it. In such an event, the judiciary will be imperiled and consequently democracy. Itis against this background that one needs to deliberate upon the desirability of judges, particularly members of the higher judiciary, taking up post-retirement jobs, be it in the private, government or political domain.

5. The jobs offered to judges on retirement are highly coveted. They usually carry immense power, prestige, perquisites and monetary gain. The jobs may be offered by private enterprises (as in the case of B.P. Sinlia, former Chief Justice of India who had taken up employment with M/s. Haridas Mundhra at Calcutta upon retirement which became a subject of heated debate in the Lok sabha) or by the Government, the nature of the job varying from legal advisor to gubernatorial office. In the political arena, one could be given a ticket to contest a Parliamentary seat or offered a constitutional office. But one must remember that there are any number of other candidates outside the judiciary who are equally qualified, if not more so, to take up the very job that are offered to the retired Judges. It would be too naive to assume that the retiring judges alone ca