Parliamentary Committee Recommends Extending Retirement Age of Judges in Landmark Report

New Delhi, August 9, 2023: The Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice has advocated for a significant alteration in the retirement age of judges in India’s Supreme Court and High Courts. The committee’s 133rd Parliamentary Report on Judicial Processes and Their Reforms proposes raising the current retirement age of 62 years for High Court judges and 65 years for Supreme Court judges.

The report suggests amending the relevant Articles of the Constitution to accommodate this change while recommending an appraisal system to assess judges’ performance, factoring in health, quality of judgments, and more. The committee highlighted that increased life expectancy and medical advancements since the 1960s warrant a reevaluation of the retirement age.

“The judicial system would be greatly benefited because a person with a wealth of experience under his or her belt by virtue of a long tenure in the High Court would continue to serve the High Court for a further period,” the report stated, noting that this extended tenure could enhance judicial experience and impartiality.

Moreover, the report contends that longer tenures would lessen the frequency of vacancies and ensure a continuous bench for efficient case disposition, benefiting litigants.

While international standards for judges’ retirement age surpass India’s current limits, the report also addresses concerns regarding post-retirement assignments and impartiality. The committee calls for a reexamination of such assignments to guarantee fairness.

The report acknowledges the government’s hesitation regarding increased retirement ages leading to similar demands in other sectors. However, it emphasizes that “Judges cannot be compared to any service under the government.”

The committee aligns with the government’s stance on maintaining transparency and accountability in judicial appointments alongside an extended retirement age. The report calls for collective efforts to address court vacancies.

Chaired by MP Sushil Kumar Modi, the committee comprises members from both houses of Parliament and delivered the report on August 7. This recommendation echoes earlier proposals, including those from the Justice MN Venkatachaliah Commission in 2000, urging an increase in the retirement age for judges.