Judges are appointed to various quasi-judicial bodies and government positions post-retirement such as NHRC, NGT, Rajya Sabha MP, Governor etc. These are not barred in the constitution. A report by Vidhi Centre for Legal Policy pointed out that as many as 70 out of 100 judges retired from the Supreme Court have taken up assignments in the many tribunals and commissions. However, these appointments raise questions on integrity of the judges as many perceive that such appointments act as an incentive for the judges to decide cases in favour of the state. This undermines judicial independence, erodes public trust, and violates basic tenets of the constitution such as separation of power. Therefore, there is a need to adopt a right institutional design to prevent perverse incentives in judicial decision-making. Since the presence of judges can bring valuable experience and legal knowledge to various institutions, some measures can be taken to preserve judicial impartiality and independence:

• Introduction of a mandatory cooling-off period: A minimum cooling-off period of 2 years post-retirement will eliminate the possibility or suspicion of a conflict of interest or quid pro quo between the government and judges.
• Increase age of retirement: Unlike in many other countries, a judge of the higher judiciary in India retires at a comparatively young age and is capable of many more years of productive work. Thus, retirement age may be increased to utilise their expertise in the institution of judiciary itself.
• Clearly delineating the appointment processes: A law can be enacted to set up a commission made up of a majority, if not exclusively, of retired judges to make appointments of competent retired judges to tribunals and judicial bodies post-retirement.
• De-linking judicial verdicts from future job prospects: It can be done by making the appointment to various bodies and posts mechanical, based on the retirement dates and judges’ subject-matter expertise.
• Increasing pension: Judges can be compensated by being given their last drawn salary as pension. This will help reduce the attraction of post-retirement jobs.
• Extending the application of other statutes to judges: Section 8 of the Lokpal and Lokayukta Act, 2013, which barred its chairman and members from re-employment or taking any assignments as diplomat and Governor and other posts, should be extended to ex-judges of the Supreme Court and High Courts.

Independence of judiciary forms a part of the basic structure of the Indian Constitution. Further, being the guardian of the Constitution, the judiciary needs to be insulated from pressures and inducements. Functioning of judiciary without any bias, favoritism or appeasement is a must for maintaining tenets of democracy in India.