Broad-Based Consultation Required On Raising Retirement Age Of High Court Judges: Union Law Minister
Union Law Minister Kiren Rijju in response to the query of P. Wilson, Member of Parliament, Rajya Sabha regarding enhancement of retirement age of Judges of the High Court, has stated that such a move would require broad-based consultation with the Attorney General for India, Ministry of Finance, Department of Legal Affairs, Legislative Department, Legal luminaries and other...
Union Law Minister Kiren Rijju in response to the query of P. Wilson, Member of Parliament, Rajya Sabha regarding enhancement of retirement age of Judges of the High Court, has stated that such a move would require broad-based consultation with the Attorney General for India, Ministry of Finance, Department of Legal Affairs, Legislative Department, Legal luminaries and other Stakeholders.
P. Wilson, M.P had raised the issue of increasing the retirement age of Supreme Court and High Court Judges, during "Zero Hour" in the Rajya Sabha on 09.02.2022.
The Union Law Minister in reply to the query stressed on the need for a 'comprehensive consideration' so as to ensure transparency and accountability in process of making of appointments to the Higher Judiciary-
"In view of above, the issue of enhancement of retirement age of Judges of the High Courts would require broad-based consultation with the Learned Attorney General for India, Ministry of Finance, Department of Legal Affairs, Legislative Department, Legal luminaries and other Stakeholders. It would also be appropriate if the increase in retirement age is comprehensively considered along with other measures to ensure transparency and accountability in making of appointments to the Higher Judiciary"
The Minister in response also mentioned about the Constitution (One Hundred and Fourteenth Amendment) Bill, 2010 which sought to increase the retirement age of Judges of High Courts from 62 to 65 years. Though the Bill was introduced in the Lok Sabha on 25th August 2010, it could not be taken up for consideration and thereafter it lapsed.
The Minister added that the issue needed an holistic approach, "You would also appreciate that this issue needs a holistic approach as it has implications over the entire court eco system including Tribunals etc. and also other functionaries of the government."
It is relevant to note that there have been calls from many quarters for raising the retirement age of judges of the Supreme Court and the High Courts. The Attorney General for India KK Venugopal has raised on many occasions the suggestion to increase the retirement age of Supreme Court judges. The AG has also suggested that there should be at least 3 years tenure for the CJI.
Recently, CJI NV Ramana also commented that 65 years is too early an age for someone to retire.