In recent times, a noticeable trend has emerged within the Supreme Court, characterized by judges delivering significant judgments just before their retirement. This pattern, metaphorically termed as judges "hitting sixes" before retiring, has sparked discussions regarding its implications for the judiciary.
The observation was made during the hearing of a petition filed by a Madhya Pradesh principal district judge who was suspended ten days before his retirement. The judge claimed his suspension was due to two judicial orders he had passed. A bench comprising Chief Justice of India (CJI) Kant and Justice Joymalya Bagchi commented on the "unfortunate trend" of judges seemingly rushing to deliver impactful decisions as they approach the end of their tenure. Senior advocate Vipin Sanghi, representing the judicial officer, was present during the proceedings.
Retirement from the Supreme Court is a momentous event that affects the court's makeup and operations. Unlike members of Congress or the President, Supreme Court justices have lifetime tenure, which makes their departure all the more significant. Justices may resign due to political opportunities, personal circumstances or dissatisfaction, while retirements are often due to age or health concerns. Historically, most justices served until their death, with only a few resigning for varied reasons, including ethical considerations or to pursue other government roles.
The process of retirement has evolved, and there are now legal requirements that allow justices to retire with pensions after they reach certain age and service milestones. Although retirements have become more organized in modern times, justices can still time their departures to allow a president with similar views to appoint their replacement.
Of the 115 people who have been justices of the high court, 39 have chosen to retire. Justice Stephen Breyer is one of the most recent additions to that list. Sandra Day O'Connor, the first woman to serve on the Supreme Court, retired at 75 to care for her husband. Thurgood Marshall, the first Black justice, retired in 1991 at the age of 83, citing health reasons. Justice Anthony Kennedy retired in 2018 at age 81 to spend more time with his family.
Supreme Court justices may retire or resign from their positions. Justices who retire usually do not participate in any further judicial or political activities, whereas those who resign frequently pursue other legal careers. The Constitution requires that judges of the Supreme Court demonstrate exemplary behavior. The only way to remove judges is through impeachment after being found guilty of treason, bribery, or other serious crimes.
The recent remarks by the Supreme Court bench highlight a growing concern about the timing and nature of judgments delivered by retiring judges. While it is not uncommon for judges to deliver significant rulings towards the end of their careers, the increasing frequency of such instances has raised eyebrows. Some legal experts suggest that this trend may be driven by a desire to leave a lasting legacy or to address pressing legal issues before demitting office. Others express concerns about the potential for these last-minute decisions to be influenced by personal biases or external pressures.
This trend has sparked debate within the legal community and among the public. While some view these "sixes" as a positive contribution to jurisprudence, others worry about the implications for the fairness and impartiality of the judicial process.
