Committee Recommends Increasing Retirement Age for Judges in India’s High Courts and Supreme Court
The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice in India has recommended increasing the retirement age of judges in High Courts and the Supreme Court. The committee’s 133rd report, titled Judicial Processes and their reform, suggests that with advancements in medical sciences and improved health among the population, the age of retirement of judges should be raised to keep up with the increase in longevity.
To implement this change, the committee suggests amending the relevant articles of the Indian Constitution. However, the committee also emphasizes the importance of reassessing judges’ performance based on their health conditions, the quality of their judgments, and the number of judgments delivered. To do this, the committee proposes the establishment of an appraisal system by the Supreme Court collegium before any judge is recommended for an extension of their tenure.
The report also addresses the issue of post-retirement assignments given to judges. Concerns were raised by stakeholders regarding the impartiality of judges when they are assigned such roles. Therefore, the committee suggests reconsidering these post-retirement assignments, especially when judges are appointed to bodies and institutions financed by the public exchequer, to ensure their impartiality.
In addition to retirement age recommendations, the committee highlights the need to sensitize the judiciary to avoid mass court shutdowns that last for months each year. The committee acknowledges that the high pendency of cases and the inconvenience faced by litigants during court vacations contribute to these demands. However, the report notes that the performance of the Supreme Court in terms of case disposal has been satisfactory, with the number of cases resolved even surpassing the number of cases filed in 2022. The issue lies with the legacy arrears of approximately 35,000 cases.
Regarding High Courts, the report expresses concern over the enormous number of pending cases, which currently exceeds 60 lakh. The report also highlights the high vacancy levels in the High Courts, which contribute to the backlog of cases. As of December 31, of the previous year, the overall vacancies in High Courts accounted for 30% of the sanctioned strength, with many High Courts having 40% to 50% vacancies. Thus, the committee states that vacations alone are not the sole cause of the high pendency in the higher judiciary.
The report covers several reforms proposed for the higher judiciary, including social diversity in the appointment of judges, the feasibility of regional benches of the Supreme Court, exploring the possibilities of increasing the retirement age of High Court and Supreme Court judges, addressing the issue of vacations in the Supreme Court and High Courts, mandatory declaration of assets by judges, and the preparation and publication of annual reports by the Supreme Court and High Courts.
In conclusion, the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice in India recommends increasing the retirement age of judges in High Courts and the Supreme Court. The committee also suggests considering judges’ performance, reassessing post-retirement assignments, and addressing the issue of court vacations. These proposals aim to improve the efficiency and effectiveness of the judicial system while ensuring impartiality and fairness.
