Supreme Court Considers Increasing Retirement Age for Judicial Officers
Supreme Court's Directive on Judicial Retirement Age
On Wednesday, the Supreme Court urged states and union territories to contemplate raising the retirement age for judicial officers from 60 to 61 years. Additionally, the court is reviewing a petition that seeks to standardize this age to 62 years across the nation. The court indicated that this interim arrangement would take effect from April 1 in jurisdictions where state governments and the respective High Courts agree to this change.
The bench, comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana, emphasized that state governments and union territories should consult their High Courts before making a decision on this matter.
Clarification on Interim Arrangement
The court clarified that this temporary measure would not influence the final decision regarding whether the retirement age for district judiciary judges should be uniformly increased from 60 to 62 years nationwide.
In its order, the bench instructed all state governments and union territories to consult their respective High Courts on this issue. If they reach an agreement, judicial officers in those states will be permitted to continue in service until the age of 61. This allowance will depend on the final outcome of the proceedings. All states and union territories have been directed to record their stance within two weeks after consulting their High Courts, which are also required to submit their responses within the same timeframe.
Support from Some States
States and High Courts that already support this increase will only need to submit a brief statement of agreement instead of a detailed counter-affidavit. The bench noted that Supreme Court judges retire at the age of 65, while High Court judges retire at 62. It reiterated that this interim arrangement would not affect the ultimate decision on the main legal issue.
This case arises from a 2002 Supreme Court ruling that rejected the recommendations of the Justice K. Jagannath Shetty Commission, which proposed raising the retirement age for district judges to 62 years. Since then, several states, including Telangana and Madhya Pradesh, have taken steps towards increasing the retirement age. On Wednesday, the bench was informed that the full court of the Madhya Pradesh High Court had passed a resolution recommending the increase of the retirement age for judicial officers from 60 to 62 years.