The Sunday Tribune, New Delhi, Sept 26, 2010, P. 12
Raising judges’ tenure will strengthen judicial independence
Justice A.R. Lakshmanan’s article, “Retirement of judges: Raise the age to streamline the higher judiciary” (Sunday Oped, Aug 29) was thought-provoking. The increase in the retirement age of the judges of higher judiciary will have a profound bearing on the judicial independence.
The retired judges are offered government employment of some kind or other which may subject some of them to extraneous consideration and thus undermine judicial independence.
It is more so in view of the constitutional embargo prohibiting a retired Supreme Court and 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. In the US, a Supreme Court Judge holds office during good behaviour, which means that he can continue to occupy office for life. Of course, a judge is at liberty to retire on attaining the age of 70 years and on completing ten years of service at the Supreme Court.
The Constitution Amendment Bill in the Lok Sabha to raise the retirement age of High Court Judges from 62 to 65 is laudable but not adequate. Either the Constitution should be amended on the lines of the American Constitution or the retirement age of judges be fixed at 70 years in consonance with the normal life expectancy in India.
RAJENDER GOYAL, Advocate, Bahadurgarh
Raising judges’ tenure will strengthen judicial independence
Justice A.R. Lakshmanan’s article, “Retirement of judges: Raise the age to streamline the higher judiciary” (Sunday Oped, Aug 29) was thought-provoking. The increase in the retirement age of the judges of higher judiciary will have a profound bearing on the judicial independence.
The retired judges are offered government employment of some kind or other which may subject some of them to extraneous consideration and thus undermine judicial independence.
It is more so in view of the constitutional embargo prohibiting a retired Supreme Court and 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. In the US, a Supreme Court Judge holds office during good behaviour, which means that he can continue to occupy office for life. Of course, a judge is at liberty to retire on attaining the age of 70 years and on completing ten years of service at the Supreme Court.
The Constitution Amendment Bill in the Lok Sabha to raise the retirement age of High Court Judges from 62 to 65 is laudable but not adequate. Either the Constitution should be amended on the lines of the American Constitution or the retirement age of judges be fixed at 70 years in consonance with the normal life expectancy in India.
RAJENDER GOYAL, Advocate, Bahadurgarh
Posts
1 comment:
Thanks for posting! I really enjoyed the report. I've already bookmark
this article.
Post a Comment