The Supreme Court dismissed a Public Interest Litigation (PIL) filed by Advocate RK Kapoor seeking a direction to the Central government to raise the retirement age of Supreme Court judges from 65 to 68 years.
A Division Bench comprising of Chief Justice P Sathasivam along with Justice Ranjan Gogoi, while dismissing the petition, observed that it was for the legislature to take note of the matter and make appropriate decisions regarding the same. The Court has however granted the liberty to the petitioner to make representations before the appropriate authority.
Besides seeking an increase in the retirement age of the Supreme Court judges, Kapoor had also sought the raising of the retirement age of High Court judges from 62 to 65 years and of subordinate judges from 60 to 62 years. He had contended that an increase in the health index of the people and the huge backlog of cases warranted an increase in the retirement age of judges.
He had argued that changes in social and financial set-up as well as advancement in medical facilities has increased the present normal life expectancy to about 70 years making a person physically fit even at the age of 68 years. Citing the Justice Venkatachaliah Committee report which had suggested retirement age of 68 years for the SC judges and 65 years for HC judges, Kapoor had contended that the low retirement age was “preventing the best and the brightest in the legal field to come forward for consideration for elevation to the Bench”.
Although Kapoor’s PIL was dimissed, there are chances that the retirement ages may be increased, at least for judges of the High Court. As per a recent report in the Times of India, Law Minister Kapil Sibal is also planning to introduce a constitutional amendment that will place the High Court on par with the Supreme Court when it comes to retirement age. The constitutional amendment (No. 114) may be introduced in the upcoming winter session of the Parliament allowing High Court judges to retire at the age of 65, as opposed to 62 as is currently the practice.
http://barandbench.com/content/pil-supreme-court-seeking-increase-retirement-age-judges#.UlZMDRZkFuU
