Syllabus: GS-IV, Subject: Ethics, Topic: Probity in Governance, Issue: Resolving conflict of interest |
Context:
- The joining of political parties by independent constitutional authorities and senior government officials after leaving office has raised concerns about propriety.
 Constitutional restrictions to ensure Probity:
- Retired Supreme Court judges cannot appear as lawyers in any court in India,
- High Court judges face similar restrictions except for appearances before the Supreme Court or other High Courts.
- CAG and Public Service Commission members cannot take up employment with Central or State governments post-retirement.
- However, there are no restrictions on joining political parties, contesting elections, or being nominated to political posts after demitting office.
 Issue of cooling off period:
- Election Commission recommended cooling-off period for retired bureaucrats in 2012.
- Supreme Court dismissed a writ petition seeking cooling-off period, stating that it is legislature’s job to decide on this.
 Conclusion:
- Cooling-off period for contesting elections may not align with democratic principles, as it is the right of every citizen to contest elections.
- Yet, it is crucial to uphold the principle of justice being seen to be done, applicable even after officials demit office.