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High Court Judges Retire Young In India: SC | India News


NEW DELHI: At a time when Justice The dispensation by the High Courts is challenged by an unprecedented crisis arising from an unpleasant cocktail of a huge 57 lakh caseload and nearly 40% vacancies in the force of justices, the Supreme Court hinted at the increase in the retirement age of HC judges.
While deciding to activate a five-decade dormant Article 224A to give the green signal to the appointment of retired HC judges as specified ad hoc judges in office, a bench of Chief Justice SA Bobde and justices SK Kaul and Surya Kant said that the current retirement age of HC judges at 62 is probably the youngest in the world.
“We can say that, broadly speaking, it is among the youngest retirement ages of Supreme Court justices in a state compared to other democracies in the world,” the court said, describing the crisis facing HCs as without precedents.
What exacerbates the frustrations of litigants are the cold statistics on the turtle-paced adjudication of cases arising from the labor-starved HCs and the relentless flurry of litigation. Almost one lakh of pending civil and criminal cases in the HC are over 30 years old. More than 1.5 lakh of cases are between 20 and 30 years old and more than 10 lakh of pending cases are more than a decade old.
The long gestation period for the appointment of Judge, which often takes more than six months from the date of recommendation of the High Court Collegium, early retirement at the age of 62 and the drastic loss of income are the main reasons that dissuade successful lawyers from accepting an invitation to be Judges of Constitutional Courts.
The CJI-led tribunal said: “Delays in this are cause for concern as the college recommendation should not remain pending for a long period of time. The aforementioned process (for the appointment of judges) should be completed as soon as possible. We may note that in some of the courts it is challenging to persuade competent and experienced attorneys who may have great practice to accept the position of judge, and the fact that their names have been pending for a long period of time recently to encourage them. ”
On August 13, 2010, the UPA government minister of laws, M Veerappa Moily, presented the draft law of the Constitution (Amendment 114) to increase the retirement age of HC judges from the current 62 years to 65 years. It was in 1963 that the Constitution was amended to increase the retirement age of HC judges from 60 to 62 years.
The UPA government had cited “global practices, increased life expectancy, better health standards, need to use the experience and wisdom of senior employees, etc.” in the statement of objectives and reasons for trying to increase the retirement age of the HC judges. The bill could not become law and expired.
The Parliamentary Standing Committee on Personnel, Public Complaints, Law and Justice in its report on the bill said: “It should be appreciated that in most developed countries, the retirement age of judges is higher than 65 years. For example, in the United States, United Kingdom and Canada, the retirement age is 75, while for Japan the retirement age is 65. As such, in other countries, this is established practice. ”
It said: “Maturity makes a man perfect. One can give the best of oneself during this mature stage of life. An old and experienced person can give his best and mature opinion / judgment in an easy way.” The Committee in its recommendations had supported raising the retirement age of HC judges.
However, he had raised the issue of long delays in appointing the HC judges, as the SC did on Tuesday after more than a decade. The Committee considered that with the retirement of the HC and SC judges coming together, there would be less competition among the HC judges for promotion to SC, which currently means three years of additional service.

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