What’s the right age for the Supreme Court and High Court judges to retire?

The older the judge, the better for justice? Attorney General KK Venugopal thinks so. He wants the retirement age for the Supreme Court and High Court judges to be extended. At a sprightly 90, he must surely know what he is talking about. The issue keeps cropping up now and then that retiring judges, still in their early 60s, are wasting their talent rigorously acquired over a lifetime. In India, Supreme Court judges retire at the age of 65 and High Court judges retire at 62. Venugopal argues that if lawyers can fight cases well into their 70s, Supreme Court judges can as well retire at 70. The late Ram Jethmalani appeared in court till well into his 80s. Justice VR Krishna Iyer penned essays on judicial reforms well into his 90s. Chief Justice of India NV Ramana also thinks a person’s age is not the appropriate yardstick to decide a judge’s tenure. Both Justice Ramana and Venugopal back the assumption that law graduates take decades to evolve as lawyers and judges before coming to Supreme Court and just as they get used to putting their innovative thoughts into practice, retirement stares at them. Former Chief Justice Ranjan Gogoi also supports increasing the retirement age so that the judges’ “vast experience, deeper insight and expertise can be utilised for a longer period”. However, arguments to the contrary are equally persuasive. Supreme Court Justice Ravindra Bhat feels judges are overworked and would need rest. He wants the seniors to make way for the younger generation which brings “freshness of inquiry and fullness of information about contemporary events”.

Retired apex court Justice KT Thomas once admitted very few judges can carry on with the “heavy, demanding work of the Supreme Court with the same tempo”. There is no easy answer to the retirement age question. Both sides have compelling arguments. Some back age and agility and some, maturity and intellect. Some want seniors to stay on, some suggest they move on and give youngsters a chance. Reality calls for a balance between a judge’s physical and mental make-up. The experience seniority brings to the table should match the judge’s ability and interest to push himself or herself beyond a certain age. What if the retirement age of Supreme Court judges is extended to 70 but it is left to them to retire earlier, if they wish to, after attaining the age of 65? That way, retirement will not disappoint judges who wish to carry on beyond a certain age. Since the continuance is a matter of choice, it comes with a sense of responsibility. In any case, no judge in India is making a case of judges being in office for life, like it is in the United States. Eminent American jurist Richard Posner once described the federal judiciary as “the nation’s premier geriatric occupation”, echoing the growing criticism of American judges being too old. Seniority, too, has a shelf life.