The Government seems keen on increasing the retirement age of High Court judges from 62 to 65 years. The law Ministry on Friday asked the lok Sabha Secretariat to bring up the Bill in this regard for passage in the ongoing Parliament Session that ends on February 21. The Bill is pending consideration since 2011.
The law Ministry had on February 5 sent a notice to the lok Sabha Secretary General to present the Constitution (114th Amendment) Bill, 2010 for discussion in lok Sabha. On December 28, 2011 amid pandemonium on Telangana issue, the Bill was taken up for discussion but remained inconclusive.
By increasing the age of retirement of HC judges to 65, it will attain parity with the superannuation age fixed for SC judges. Besides, it will extend the services of 639 judges of the 24 High Courts in the country by another three years, thus helping in curbing huge arrears of cases. Over 40 lakh cases are pending in the High Court’s which are facing a shortfall of 267 judges, as per the latest official data.
But, the law Ministry would need the support of other political parties as the bill seeking to amend the Constitution would require support of two-third members present and voting in both lok Sabha and Rajya Sabha. The main Opposition BJP has said that if HC judges were to retire at 65, they should not get any post-retirement assignments.
The last time the retirement age of HC judges was tinkered was in 1963 when it was increased from 60 to 62 years. law Minister Kapil Sibal had recently told the lok Sabha in a written reply that the bill will facilitate utilisation of knowledge, experience and wisdom of the judges for a longer period.