Retirement age of HC judges may be raised to 65

The move is aimed at bringing equality in the retirement ages of judges of the Supreme Court and High Courts. The apex court judges retire at 65.

The Law Ministry wants to increase the retirement age of High Court judges from 62 to 65 years.

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The move is aimed at bringing equality in the retirement ages of judges of the Supreme Court and High Courts. The apex court judges retire at 65.

The ministry has revived the proposal first mooted by former Law Minister and Karnataka governor, H.R. Bhardwaj, in April 2008.

“Raising the retirement age of High Court Judges from 62 to 65 years will also aid in elimination of vacancies,” says a law ministry proposal approved by the union cabinet

It is part of the ministry's blueprint for judicial reforms, aimed at bringing down the number of more than three crore pending cases in courts across the country.

The total strength of judges in the 21 High Courts of the country is 886, but the actual working strength is 652, the ministry said, quoting Supreme Court statistics.

Bhardwaj had initiated discussions with the opposition on the issue, but lack of political consensus led to the issue being put on the backburner.

“Increasing the retirement age of High Court judges will require a constitutional amendment which needs two-third majority in both Houses of Parliament,” said a ministry official.

The ministry document noted, “Due to backlog in filling up of vacancies, the number of pending cases have increased and even urgent petitions take several years before being finally heard and adjudicated, hence rendering them infructuous.”

According to the ministry, the increased numbers of members of collegiums has made the consultation process cumbersome and hence there is a delay in the selection and elevation of judges.