Raising judges’ retirement age may benefit non-performers-Justice Department

The Department of Justice, GoI made a presentation before the parliamentary panel on Personnel, Law, and Justice that was chaired by BJP MP and former Bihar Deputy Chief Minister Sushil Kumar Modi.

The department said:

• Increasing the retirement age of Supreme Court and High Court judges could extend the years of service of non­performing judges and might have a cascading effect with government employees raising a similar demand.

• Increasing the retirement age of judges would be considered along with measures to ensure transparency and accountability in appointments to the higher judiciary.

• Enhancing the age of retirement might extend benefits in terms of extended years of service in certain non­-deserving cases and lead to non­performing and under­performing judges to continue.

• Raising the retirement age of judges should be considered along with bringing down pending cases and bringing transparency in the judiciary.

• Increasing the retirement age may deprive tribunals of having retired judges as presiding officers or judicial members.

• Enhancement of the retirement age of judges will have a cascading effect as government employees at Central and State level, PSUs, commissions, etc, may raise similar demand.

• In July 2022, Union Law Minister Kiren Rijiju had informed Parliament that there was no proposal to increase the retirement age of Supreme Court and High Court judges.

Retirement ages for judges

• According to Article 124(2) of the Constitution, the age of retirement for Supreme Court judges is 65.

• As per Article 217(1) of the Constitution, High Court judges retire at 62.

• Initially, the retirement age of High Court judges was 60, which was later in 1963 increased to 62 through the 15th constitutional amendment.

• Recently, Bar bodies led by the Bar Council of India (BCI) had unanimously favoured amending the Constitution to increase the retirement age of judges of the High Court and the Supreme Court to 65 and 67 years respectively.

• The 114th Amendment Bill was introduced in 2010 to increase the retirement age of High Court judges to 65 years. However, it was not taken up for consideration in Parliament and lapsed with the dissolution of the 15th Lok Sabha.

(Sources: The Hindu and others)