Supreme Court notice to Centre on plea to deny perks to judges resigning to avoid removal procedure
The Supreme Court of India has issued a notice to the government regarding a petition to strip retirement perks from constitutional functionaries who resign to avoid misconduct inquiries. The petition argues that such resignations undermine the integrity of public office and lack necessary deterrents.
Why it matters
This case addresses accountability for high-ranking officials and the potential for legal reform regarding the conduct of constitutional authorities.
The Supreme Court on Thursday (September 3, 2026) sought the Union government’s response to a writ petition seeking a direction that constitutional functionaries, including judges, who resign rather than face a transparent enquiry for misconduct, should be denied retirement perks and benefits.
A three-judge Bench headed by Chief Justice of India Surya Kant issued notice to the Centre on the petition filed by Pratik Vora, who submitted that “resignations to avoid facing a transparent procedure of removal come only because the constitutional functionaries are fully aware that even after their resignations, they will be entitled to all perks and benefits which they would have got had they completed their tenure”.
The fact said the root cause of unconstitutional and unprincipled resignations by certain constitutional authorities is the complete absence of any deterrent, monetary or otherwise.
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