Retirement Age of Judges

Syllabus: General Studies Paper 2

Union Minister for Law and Justice told the Parliament that there is no proposal to increase the retirement age of Supreme Court and High Court judges.

Historical Background

• The National Commission to review the working of Constitution, 2002. It is popularly known as The Venkatachaliah Report, the report recommended that the retirement age of judges for High Court increased to 65 and for Judges of Supreme Court to the 68 years.
• In August 2010 then law minister introduced the 114th Constitutional Amendment Bill, 2010 in Lok Sabha to increase retirement age of high court judges to 65. The bill could not be passed due to dissolution of 15th Lok Sabha.
• Justice Kurian Joseph of Supreme Court also recommended, increasing the retirement age of judges of higher Judiciary.it can decrease the pendency of cases.
• However, one school of thoughts said the retirement age 65 is fine at this stage the physical, mental behavior function properly. A person can deliver justice without affected by their age problem.

Reasons to Increase Retirement Age of Judges

• Shortage of judges and No of High Courts.
• Higher age in Judiciary in other countries
• The judges are appointed for life in constitutional court of Austria and Greece and in supreme Court of United States of America.
• The retirement age for judges is 70 in Belgium, Denmark, Ireland, Netherlands and Australia.
• Other appointments
• Moreover, legislations provide for retired High Court and Supreme Court judges to man tribunals till the age of 70 as chairman and 65 as members. There is no reason why these judges should be retired so early.

Benefits of Senior Judiciary

• The experience judiciary can deliver fast, speedy, unbiased and expertise judgment.
• The litigant or lawyer can not delay the proceeding by false claims
• They can train new judges and reduce the cost of expenditure.
• Pendency of cases will be decreased and unbiased judgment not lead to repeal in higher courts.

Increasing the age of Judges will certainly help in addressing many issues. The retirement age of judges of the Supreme Court and High Courts could be increased, but with the option of quitting before reaching the age of superannuation – a practice prevailing in Zimbabwe, where a top court judge is appointed to retire at 65 years but can opt to continue till 70.