- Legal experts are divided over the issue of appointing former Chief Justice of India (CJIs) as governors, following the appointment of former CJI P. Sathasivam as Kerala Governor.
- The CJI is 4th in the hierarchy following the President, Vice-President and the Prime Minister. A former CJI can be considered for President and Vice-President as they both are “elected offices”.
- Varying views:
- The appointment of a Governor is dependent on “Executive patronage” and the Governor is very often at the mercy of the Executive, thereby raising questions over judicial autonomy and accountability.
- The Governor is an “Executive Nominee” and on a different footing when compared with other post-retirement appointments like NHRC chairperson and Lokpal for former CJIs.
- Some believe there is not breach of protocol in accepting a constitutional post or the lesser post of a Governor after retirement as it would not apply to a retired CJI. The role of the Governor is limited and of serving people.
- CJIs make better choice for Governors than politicians as the post requires distinguished persons with the knowledge and some mastery over the Constitution.
- Read at: http://www.thehindu.com/todays-paper/tp-national/experts-divided-over-posting-of-excjis-as-governors/article6367835.ece