Retirement age of High Court, Supreme Court judges should be increased: Parliamentary Committee

A Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has recommended extending the retirement age of judges in the Supreme Court and High Courts of India, in the 133rd Parliamentary Report concerning Judicial Processes and Their Reforms..In its 133rd Parliamentary Report concerning Judicial Processes and Their Reforms, the Committee has proposed that necessary amendments be made to the relevant Articles of the Constitution of India in order to appropriately raise the retirement age of judges from the present 62 years for High Courts and 65 years for the Supreme Court. However, the Committee opined that while so increasing the age of retirement for judges, the performance of judges may be reassessed based on their health conditions, quality of judgments, number of judgments delivered etc."For this, a system of appraisal may be devised and put in place, by the Supreme Court collegium, before any judge is recommended for enhancement of their tenure," the Committee added.The Committee made the suggestion while also considering the fact that there has been an increase in the longevity of the general population of the country as a result of advances in medical sciences, since the 1960s."It is worthwhile to note that when life expectancy in the country was around 40 years in the 1960s, the age of retirement of judges was 62, and which has remained the same till date despite the life expectancy reaching 70 years in the country," the report pointed out..The Committee has reasoned that an increased in the retirement age of judges would help the judicial system and the public at large, specifically the litigants before the Courts."The judicial system would be greatly benefited because a person with a wealth of experience under his or her belt by virtue of a long tenure in the High Court would continue to serve the High Court for a further period," the report stated.The Committee added that such a wealth of judicial experience, gained over a decade or so cannot be replaced by a newly elevated judge.The report further highlighted that longer tenures may also ensure the impartiality of judges, in view of concerns that judges begin looking for post-retirement jobs in their last year of service."Similarly, the litigant public would also be benefited, since the occurrence of vacancies would be less frequent and consequently, there would be Judges to hear and dispose of cases," the report added..It was also pointed out that internationally, the retirement age for judges is well above the current retirement age in India, that is, 62 years for High Court judges and 65 years for judges in the Supreme Court..Notably, the Committee also took note of concerns by stakeholders over post-retirement assignments given to retiring judges.On this issue, the Committee said that with the increase in the age of retirement of judges, the practice of post-retirement assignments to judges of Supreme Court and High Courts in bodies/institutions financed from public exchequer may be reassessed to ensure their impartiality..Pertinently, the Central government had earlier disclosed that it presently does not feel the need to increase the retirement age of the High Court judges.The Committee, in its report, has rejected the government's apprehension that an increase in the retirement age of judges will lead to similar demands from civil servants. Terming this concern unfounded, the Committee added, "Judges cannot be compared to any service under the government."However, the Committee agreed with the government's stance that if an increase in the retirement age is being contemplated, it should be accompanied by additional measures to guarantee transparency and accountability in appointments to the higher judiciary.A collective endeavor should be undertaken to address the prevailing vacancies in courts, the Committee added..The Parliamentary Standing Committee was chaired by Member of Parliament, Sushil Kumar Modi and consisting of 10 members from the Rajya Sabha and 31 members from the Lok Sabha. The Committee presented the report on August 7, in both the houses of Parliament..Earlier, in 2000, the National Commission to Review the Working of the Constitution (NCRWC), also known as Justice MN Venkatachaliah Commission, had also recommended for increasing the age of retirement judges of the High Courts and the Supreme Court of India.Read more about the committee's report here and here..[Read Report]