Union law Minister Ravi Shankar Prasad told Parliament on Friday that there is no proposal before the Government to increase the retirement age of Supreme Court judges who superannuate at 65 years. Responding to a Parliament question, Prasad said he has not received any proposal on fixed tenure for Chief Justice of India (CJI) from either present or past CJIs.
In a written reply to Parliament, Prasad said that the Government has not received any proposal to increase retirement age of Supreme Court judges. He even stated that the Bill moved by UPA Government in 2010 to increase retirement age of HC judges from 62 to 65 years had also lapsed with the dissolution of the 15th lok Sabha, meaning effectively that the retirement ages of HC judges too will not be tinkered.
On the question of having fixed tenure for CJI, Prasad replied that the former CJI P Sathasivam did not submit any proposal to the Ministry. Justice Sathasivam had advocated for a two-year fixed tenure for CJI. But the present CJI RM lodha found this suggestion impractical.
It is true that in India judges retire rather early. The Federal Court of United States of America prescribes no retirement age for its judges. They have a life-long tenure and can choose to quit due to illness or old age. In the United Kingdom’s highest court, a judge gets to serve till the age of 75. In the past, several demands were made to raise the retirement age. A Committee to Review the Constitution headed by a former CJI had recommended raising the age bar to 68 for SC judges and 65 for HC judges.
The UPA Government, while moving the Constitutional Amendment bill to raise the retirement age of HC judges to 65 years, had stated that such a decision was necessary to clear pendency by adding more judicial time and manpower.Prasad, earlier this week had said that against the approved strength of 906, the 24 high courts were functioning with a working strength of 636 judges -- a shortfall of 270.