In his article “Retirement of judges: Raise the age to streamline the higher judiciary” (The Tribune, New Delhi, oped page, August 29, 2010), Justice A.R. Lakshmanan has made a strong case for increasing the retirement age of the judges of the higher judiciary grounded mainly on the premises of increase in the retirement age of counterparts in some quasi-judicial bodies, rise in the longevity or life expectancy of people in India and best use of high-up experienced professionals. However, it also has other dimensions having profound bearing on the independence of higher judiciary in India. The retired judges of the higher judiciary are offered government employment of some kind or other viz. chairmanship, membership of tribunals, statutory commissions, committees and so forth. The lure of such prospective offices and associated perks and pelf, more so in view of the constitutional embargo prohibiting the retired Supreme Court judge and the retired High Court Judge to practice law before any court or authority in India and in the High Court(s) where he held office as a permanent judge respectively, have ample potential to subject some of the serving judges to extraneous considerations and influences in the discharge of their duties and it may undermine the independence of higher judiciary.
In USA, a Judge of the Supreme Court holds office during good behaviour, which means that he can continue to occupy office for life. Although, a judge is at liberty to retire on attaining the age of seventy years and on completing ten years service at the Supreme Court. Even after retirement as distinct from resignation, they can be requested to join the benches to discharge judicial function, whenever need arises. The secured judicial tenure leading virtually up to the last breath of the judge free of the post-retirement anxieties subserves the independence of higher judiciary in USA.
Moreover, the nature and stress of work is same for the judges of the High Courts and the Supreme Court. Present position of difference in age of retirement can inveigle some of the high court judges to curry favour with the Supreme Court’s collegium (entrusted with the function to make appointments and transfers in higher judiciary) to secure an extended tenure of three more years in the Supreme Court.
To plug the gap, the government has introduced the Constitution amendment Bill, 2010 in the Lok Sabha in the last monsoon session to raise the retirement age of High Court Judges from 62 to 65 that is salutary but not adequate. The Bill in the present form is half-baked and only addresses the matter partially. It would be more in the fitness of the things, if in this matter, either the Indian Constitution is appropriately amended on the line of the American Constitution or any how, the age of retirement of both the High Court and Supreme Court Judges be fixed at 70 years in consonance with the present normal life expectancy in India.
In USA, a Judge of the Supreme Court holds office during good behaviour, which means that he can continue to occupy office for life. Although, a judge is at liberty to retire on attaining the age of seventy years and on completing ten years service at the Supreme Court. Even after retirement as distinct from resignation, they can be requested to join the benches to discharge judicial function, whenever need arises. The secured judicial tenure leading virtually up to the last breath of the judge free of the post-retirement anxieties subserves the independence of higher judiciary in USA.
Moreover, the nature and stress of work is same for the judges of the High Courts and the Supreme Court. Present position of difference in age of retirement can inveigle some of the high court judges to curry favour with the Supreme Court’s collegium (entrusted with the function to make appointments and transfers in higher judiciary) to secure an extended tenure of three more years in the Supreme Court.
To plug the gap, the government has introduced the Constitution amendment Bill, 2010 in the Lok Sabha in the last monsoon session to raise the retirement age of High Court Judges from 62 to 65 that is salutary but not adequate. The Bill in the present form is half-baked and only addresses the matter partially. It would be more in the fitness of the things, if in this matter, either the Indian Constitution is appropriately amended on the line of the American Constitution or any how, the age of retirement of both the High Court and Supreme Court Judges be fixed at 70 years in consonance with the present normal life expectancy in India.
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1 comment:
Good suggestion deseves to be heeded to by the government.
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