Balancing Judicial Dignity, Personal Hardship, and Public Accountability amidst The Controversy Over Former CJI DY Chandrachud’s Extended Stay at the Official Residence

Index of Headings

1. Background: The Controversy
2. What the Law and Rules Say
3. Post-Retirement Privileges for Judges
4. Conclusion
5. FAQs

Background: The Controversy

Former Chief Justice of India (CJI) DY Chandrachud recently addressed the controversy surrounding his continued stay at the official CJI bungalow at 5, Krishna Menon Marg, Delhi, after his retirement in November 2024. Justice Chandrachud clarified that there was no delay on his part in vacating the residence and that he and his family were already packed and ready to move to a new government-allotted house at Teen Murti Marg, a transition expected to be completed within two weeks.

The former CJI explained that the extension of his stay was due to the rare medical condition of his two adopted daughters, who require wheelchair-accessible housing and specialized medical care. Despite repeated efforts, he faced significant challenges in securing suitable accommodation in Delhi. The official residence allotted to him post-retirement also needed substantial repairs, further delaying the move.

The Supreme Court administration had formally written to the Ministry of Housing and Urban Affairs on July 1, 2025, requesting immediate repossession of the Krishna Menon Marg bungalow, as the permitted period for retention had expired. The matter gained public attention as it highlighted both the personal difficulties faced by retired judges and the strict rules governing official accommodations.

1. What the law and rules say
a) Supreme Court Judges Rules, 1959 (amended from time to time)
Rule 3B - Inserted by the Supreme Court Judges (Amendment) Rules, 2022:

• A retired Chief Justice of India is entitled, on request, to the use of a Type VII government accommodation in Delhi for a period of up to 6 months from the date of retirement.
• Similarly, retired judges of the Supreme Court (who were not the Chief Justice) can also request a Type VII accommodation for the same period.

The Supreme Court Judges (Amendment) Rules, 2022 were notified by the Ministry of Law and Justice and are enforceable from the date of their publication in the Official Gazette. The rules are framed under the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958. The Supreme Court administration is responsible for monitoring compliance and formally requests the repossession of official residences once the permitted period ends.

1. Pension and Family Pension

• Retired High Court judges are entitled to a pension, the amount of which is determined by their years of service. Recent Supreme Court rulings have ensured that all retired High Court judges including additional judges are entitled to full pension, with no distinction between additional and permanent judges.
• The “One Rank, One Pension” principle now applies, ensuring parity in pension benefits regardless of the date of entry into service or whether the judge was elevated from the Bar or judicial service.
• Family pension is also provided to the spouse or eligible family members after the judge's death.

2. Gratuity and Leave Encashment
Judges receive a lump sum gratuity upon retirement and they are entitled to encashment of unused leave accumulated during their tenure.

3. Commutation of Pension and Provident Fund
Judges can opt to commute a portion of their pension for a lump sum payment, and additionally contributions to the provident fund are paid out as per the applicable rules.

4. Medical Facilities
Retired judges and their families are entitled to medical facilities, often under the Central Government Health Scheme (CGHS) or equivalent state schemes.

5. Staff and Domestic Help
Many retired High Court judges are provided with a domestic help and a chauffeur for a limited period after retirement, though these benefits are more extensive for Supreme Court judges.

6. Security Cover
Retired judges may receive security cover for a specified period, especially if assessed to be at risk due to their judicial work.

7. Protocol and Ceremonial Privileges
Retired judges are often given protocol courtesies at official events and access to ceremonial lounges at airports.

8. Restrictions on Legal Practice
After retirement, a High Court judge cannot practice in the same High Court where they served or in any court or tribunal subordinate to it. However, they may practice in the Supreme Court or other High Courts where they did not serve.

Security provisions and ancillary benefits

• Retired Chief Justices receive round-the-clock security at their residence, including a personal security guard, for five years after retirement.
• Other retired Supreme Court judges receive similar security for three years.
• For one year after retirement, a retired Chief Justice is provided with domestic help, a chauffeur, and a secretarial assistant, all paid according to Supreme Court employee pay scales.
• Retired judges receive a free residential telephone line and reimbursement for communication expenses up to a specified monthly limit.
• They are also entitled to protocol courtesies at airports, including access to ceremonial lounges.

Type VII bungalows are high-grade government residences, but one level lower than the Type VIII bungalow officially earmarked for the sitting Chief Justice of India.

b) Beyond six months

• No provision in the Rules gives an automatic or statutory right to continue beyond 6 months.
• Any extension must be requested, and may be considered by The Ministry of Housing & Urban Affairs / Directorate of Estates, usually based on the recommendation or no-objection of the incumbent Chief Justice of India, and is subject to availability and valid reasons (e.g., health, renovation delays, or security).
• Extensions are discretionary and have occasionally been granted to former CJIs and judges but always as exceptions, not as a matter of right.

Post-retirement privileges for judges

1. Financial Security and Adequate Remuneration: Guaranteed pensions and benefits ensure that judges are not left financially vulnerable after retirement. This reduces the risk of external influence or inducement during their tenure, as judges can make decisions without concern for their post-retirement livelihood. International standards and the Indian Constitution both recognize that adequate remuneration and secured pensions are fundamental to judicial independence, protecting judges from improper pressure and ensuring impartiality. 
2. Restrictions on Post-Retirement Legal Practice: Provisions such as Article 124(7) of the Constitution prohibit retired Supreme Court judges from practicing before any court or authority in India, and Article 220 places similar restrictions on High Court judges. These rules prevent conflicts of interest and ensure that judges do not make decisions during their tenure with an eye on future clients or professional opportunities, thereby upholding impartiality and public confidence in the judiciary. 
3. Non-Variable Service Conditions: The Constitution mandates that judges’ salaries and conditions of service cannot be altered to their disadvantage after appointment. This protection extends to post-retirement benefits, ensuring that the executive or legislature cannot use financial leverage to influence judicial conduct or decisions.
4. Security and Dignity: Providing security cover and staff support after retirement ensures that judges are not exposed to threats or harassment as a consequence of their judicial decisions. This protection allows judges to act without fear of personal repercussions, both during and after their service. 
5. Insulation from Executive Influence: By charging pensions and post-retirement benefits to the Consolidated Fund of India or the state, these expenses are kept outside the purview of executive discretion and legislative vote, further insulating judges from political or governmental pressure. 
6. Prevention of Arbitrary Dismissal: Security of tenure and the high threshold for removal (impeachment) ensure that judges are not subject to arbitrary or politically motivated actions, reinforcing their ability to act independently. 
7. Ethical and Professional Standards: The existence of codes of ethics and internal mechanisms for accountability, combined with post-retirement privileges, help maintain high standards of conduct and reduce incentives for unethical behavior.

Conclusion

As India’s legal landscape evolves, the thoughtful design and vigilant enforcement of post-retirement privileges for judges reflect a mature understanding of the delicate balance between public accountability and judicial dignity. In a country where the judiciary’s credibility is both shield and sword for democracy, these privileges are not just rewarding for past service, but investments in the continued integrity of the justice system. These privileges are not merely perk, but they are structural safeguards designed to uphold the independence, integrity, and impartiality of the judiciary. By ensuring that judges are protected and provided for after retirement, the system removes incentives for bias or external influence, thus maintaining public trust in the judicial process and the rule of law.

FAQs

Q: What do the rules say about accommodation for retired Supreme Court judges?
A: Under Rule 3B of the Supreme Court Judges Rules (amended in 2022), retired Supreme Court judges, including the CJI, can request a Type VII government bungalow in Delhi for up to 6 months post-retirement. The rule is legally enforceable and monitored by the Supreme Court administration.

Q: What security and other benefits do the retired Supreme Court judges get?
A: Retired CJIs get round-the-clock security for five years, while other retired judges get it for three years, plus staff support, phone allowances, and airport protocol courtesies. They may stay in a Type VII bungalow for up to six months post-retirement, with any further extension being purely discretionary.