Raising judges' retirement age on performance not practical: Govt to panel
- The government recently opposed the suggestion to extend the retirement age of Supreme Court and High Court judges based on performance appraisal.
Committee Recommendation
- In August last year, the Standing Committee on Law and Personnel in its report on ‘Judicial Processes and their Reforms’ proposed a performance-based tenure extension system for judges beyond the current retirement age.
- It suggested assessing judges' performance considering factors like health, quality, and quantity of judgments before extending their tenure.
- According to constitutional provisions, Supreme Court judges retire at the age of 65 years, while judges of the high courts retire at 62.
Government's Response
- The government disagrees with the recommendation, stating it might not be practical and may result in “undue favouritism”.
- It will further erode the powers of Parliament and empower the Judiciary through the Supreme Court Collegium (SCC) to take decisions on the enhancement of age.
- Performance-based evaluations may lead to favouritism and susceptibility to external pressures, compromising judicial impartiality.
- This would also strain limited resources in the judiciary and executive involved in the appointment process.
Prelims Takeaway
- Supreme Court Collegium (SCC)
- Retirement of Judges