ASPECTS | DETAILS |
Introduction | Former Calcutta High Court judge Abhijit Gangopadhyay resigned from his position to join the Bharatiya Janata Party (BJP), becoming the first High Court judge in India to enter politics while still in office. |
Factual Background | Justice Gangopadhyay resigned five months before his retirement date, writing to the President, Chief Justice of India, and Chief Justice of the Calcutta High Court. He was inducted into the BJP and sat beside leaders like Suvendu Adhikari & Sukanta Majumdar. |
Legal Issues | Raised concerns about judicial propriety intermingling with the ballot box. Concerns about the timing of his resignation, just before the upcoming elections. |
Applicable Law | Article 217(2) of the Indian Constitution lays down the eligibility for High Court judges. No specific laws or norms regulate judges’ entry into politics. |
Analysis | Unprecedented move by a sitting High Court judge, raised questions about the sanctity of the adjudicatory process and the separation of powers between the judiciary and the executive. |
Conclusions | Calls for mandatory cooling-off periods for judges who resign or retire to maintain the illusion of judicial propriety. |
Current Scenario | Justice Gangopadhyay has officially joined the BJP and is actively involved in politics. |
CASE SUMMARY: Former Calcutta High Court judge Abhijit Gangopadhyay resigned from his position to join the Bharatiya Janata Party (BJP), becoming the first High Court judge in India to enter politics while still in office. His resignation, just before the upcoming elections, raised concerns about judicial propriety and the separation of powers between the judiciary and the executive.
SOURCE- THE HINDU
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