'Non-Performing Judges Will Get Service Extension If...': Law Ministry To Parliamentary Panel

Law Minister Kiren Rijiju had told Parliament in July that there was no plan to raise the retirement age of judges on the Supreme Court and High Court.

Union Law Minister Kiren Rijiju at Parliament House complex during Winter Session, in New Delhi.

Source : File Photo/PTI

New Delhi: The Department of Justice informed a parliamentary panel that raising the retirement age of Supreme Court and High Court judges could prolong the service of non-performing judges and have a cascading effect on government employees raising similar demands, reported news agency PTI. Additionally, it stated that measures to ensure transparency and accountability in appointments to the higher judiciary would be considered, as would raising the retirement age of judges.

Law Minister Kiren Rijiju had told Parliament in July that there was no plan to raise the retirement age of judges on the Supreme Court and High Court.

The Department of Justice gave a presentation to the parliamentary panel on Personnel, Law, and Justice, which is led by Sushil Modi, a BJP member of parliament and former Bihar deputy chief minister.

The presentation was made by the Ministry of Law and Justice department. It included information about judicial processes and reforms, including the possibility of raising the retirement age of judges on the Supreme Court and High Court.

In its presentation, the department stated, "Enhancing the age of retirement might extend benefits in terms of extended years of service in certain non-deserving cases and lead to non-performing and under-performing judges to continue."

Along with reducing the number of pending cases and increasing transparency in the judiciary, it also suggested raising the retirement age of judges.

In its presentation, the department stated, "It would be inappropriate if the increase in retirement age is considered along with other measures to ensure transparency, accountability in the appointments to the higher judiciary, effort to fill up existing vacancies in the district and subordinate judiciary and bringing down arrears of cases pending in courts."

According to the department, raising the retirement age could prevent tribunals from having retired judges serve as presiding officers or members of the judicial body. Additionally, it warned that the age of retirement may have a cascading effect.

"Enhancement of the retirement age of judges will have a cascading effect as government employees at Centre and state level, PSUs, commissions, etc, may raise similar demand. Therefore, this issue needs to be examined in totality," the department stated.

Supreme Court judges retire at 65 years old years, and judges of the 25 high courts in the nation retire at 62 years.

In order to raise the retirement age for high court judges to 65 years, the Constitution, 114th Amendment Bill was presented in 2010. However, due to the 15th Lok Sabha's dissolution, it was not brought up for discussion in Parliament. 

(With PTI Inputs)