Increasing the Retirement Age for SC and HC Judges

What’s in Today’s Article?

• Why in News?
• Highlights of the Report on Judicial Processes and their Reforms
• Debate on the Age of Retirement for SC and HC Judges
• Why does the Govt Oppose the Idea of Raising the Retirement Age for SC and HC Judges?
• Other Observations in the Judicial Processes and their Reforms Report

Why in News?

• The government has told a parliamentary panel that extending the retirement age of Supreme Court and High Court judges based on their performance may not be practical.
• Earlier, the Standing Committee on Law and Personnel, in its report on ‘Judicial Processes and their Reforms’, had recommended a performance appraisal system for extending the tenure of the SC and HC judges beyond the existing retirement age.

Highlights of the Report on Judicial Processes and their Reforms

• The Standing Committee on Personnel, Public Grievances, and Law and Justice (Chair: Mr Sushil Kumar Modi) submitted its report on August 07, 2023.
• Key observations and recommendations of the Committee include increasing the retirement age for judges.
• The Committee observed that the retirement age of judges needs to be increased to keep pace with advances in medical sciences and increased longevity.
• Currently, the retirement age for SC and HC judges is 65 and 62 years, respectively. This needs to be increased by amending the relevant Articles (124 and 217) of the Constitution.
• Additionally, a system of appraisal may be devised by the SC Collegium to evaluate the performance and health conditions of judges, quality and number of judgements delivered before extending their tenure.

Debate on the Age of Retirement for SC and HC Judges

• Outgoing judges of the SC have often reflected on their tenure, and found that there was not sufficient time to meaningfully contribute to the institution.
• In 2022, former Chief Justice of India (CJI) N.V. Ramana was in conversation with Justice Stephen Breyer of the US Supreme Court who was voluntarily retiring at age 83 after a 27-year tenure.
• CJI Ramana was set to retire after 8.5 years at the SC, and remarked that 65 was ‘too early an age for someone to retire’.
• CJI Ramana still fared significantly better than most other judges of the SC.
  • Of the 32 Judges currently at the SC, only CJI Chandrachud, and Justices J.B. Pardiwala, K.V. Viswanathan, and Dipankar Datta will cross the 8-year mark.
  • These judges are the few that cross the average tenure of sitting judges of the SC, of 5.4 years.

Why does the Govt Oppose the Idea of Raising the Retirement Age for SC and HC Judges?

• According to the government, increasing the retirement age for SC and HC judges may not be practical, as it may result in “undue favouritism”.
• This will result in empowering the SC Collegium (and will further erode the powers of Parliament)for the evaluation of the judges at the time of giving extensions on individual basis.
• This will make the judges “susceptible to pressures”, thus impinging on their performance as impartial judges.
• Besides, this would create an avoidable burden on the limited manpower resources in the Judiciary and the Executive, who are involved in the appointment process.

Other Observations in the Judicial Processes and their Reforms Report

• Regional benches of the SC: The Committee observed that the Delhi-centric Supreme Court creates a significant hurdle for litigants coming from faraway areas of the country.
  • Article 130 may be invoked to establish regional benches at four or five locations.
  • It suggested that the regional benches may decide appellate matters, while Constitutional matters may be dealt with at Delhi.
• Social diversity in the appointment of judges: The Committee observed that the higher judiciary suffers from a diversity deficit.
  • For instance, since 2018, the percentage of HC judges appointed from Scheduled Castes and Scheduled Tribes was 3% and 1.5%, respectively.
  • It suggested that the SC and HC’s Collegiums should recommend an adequate number of women and candidates from marginalised communities including minorities.
• Mandatory declaration of assets: As a practice all constitutional functionaries and government servants must file annual returns of their assets and liabilities.
  • However, judges are not required to disclose their assets and liabilities.
  • The Committee recommended that the central government bring out a law to mandate the higher judiciary judges to furnish their property returns annually to the appropriate authority.
• Vacations in the SC and HCs: The Committee noted that the entire court going on vacation at once leads to higher pendency of cases and inconvenience to litigants.
  • The Committee suggested that instead of all judges going on vacation simultaneously, individual judges should take their leave at different times throughout the year.
• Annual reports of HCs: Presently, the SC publishes its annual report, which also depicts work done by all HCs.
  • The Committee observed that only some HCs are publishing their annual reports.
  • It recommended the Department of Justice to approach the SC to issue directions to all HCs to prepare and publish their annual reports.

Q1) How are the judges of higher judiciary appointed in India?

Higher judiciary judges (SC and HCs) in India are appointed via the collegium system. The collegium, which consists of the Chief Justice of India and the four senior-most judges of the Supreme Court, makes appointments, elevations, and transfers for judges.

Q2) Why is the Indian judiciary reeling under huge pendency of cases?

Lack of judicial infrastructure, shortage of judges, vague drafting of laws are some of the reasons justifying long procedure to finalise the case and thus high pendency of cases in Indian judiciary.

Source: Enhancing retirement age for judges based on performance not practical idea: Govt tells Parliament panel | PRS India