Supreme Court’s Recommendation on Judicial Officers’ Retirement Age
In a significant directive issued on Wednesday, the Supreme Court of India has urged all States and Union Territories to deliberate on extending the retirement age of judicial officers to 61 years. This interim measure is suggested while awaiting a final decision on the proposal to further elevate the retirement age to 62 years.
Bench Composition and Directive Details
The directive was issued by a bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana. The directive emerged from a petition seeking to raise the retirement age of district judiciary judges uniformly across India from 60 to 62 years.
“All State Governments and Union Territories are directed to make a decision, in consultation with their respective jurisdictional High Courts, on this issue. If they concur, judicial officers in those States shall continue to serve until the age of 61 years. This extension is conditional on the final outcome of these proceedings,” the Court ordered.
Background and Previous Recommendations
This topic is not novel, as the Shetty Commission had previously recommended increasing the retirement age to 62 years for district court judges. However, the Supreme Court had rejected this recommendation back in 2002.
Despite this, several states, including Madhya Pradesh and Telangana, have independently decided to enhance the retirement age to 62 years. Notably, the Madhya Pradesh High Court, on its administrative side, initially declined to consent to this change, citing the Supreme Court’s 2002 decision. This led to the matter being escalated to the Supreme Court once again.
More Read
Current Developments and Opposition
The Madhya Pradesh High Court has now passed a resolution recommending an increase in the retirement age of judicial officers from 60 to 62 years. However, other jurisdictions, such as the Punjab and Haryana High Court, still oppose this proposal, arguing that the retirement age of government employees in their states remains 60 years or less.
Expedited Resolution Required
Recognizing the urgency, the Supreme Court has directed State governments and Union Territories to present their positions on the matter. Similarly, jurisdictional High Courts must also record their stands within two weeks. For States and High Courts agreeing to the age enhancement, a brief statement will suffice in place of a comprehensive counter affidavit.
“We clarify that the question of law formulated at the outset shall be decided by this Court independently, irrespective of the stand that may be taken by the States or the High Courts,” the Court added.
More Read
BREAKING: The Supreme Court has modified its interim order regarding the retirement age of district judicial officers. States and Union Territories, in collaboration with their respective High Courts, have been directed to decide within two weeks on whether to increase the age of superannuation.
