Judges want no bar on retirement age

Should the government succumb to the demand of superior judges and enhance their retirement age? This question becomes a debatable issue when there are serious concerns about the quality of dispensation and the merits of a section of judiciary. Judges have demanded a hike in their superannuation age from 62 to 65 years in high court (HC), and 65 to 68 years in the Supreme Court (SC). 

Chief justice KG Balakrishnan said the abolition of the practice of retiring SC and HC judges at the prescribed age — 62 for HC judges and 65 for SC judged — to impart greater stability to the legal system. It will also tackle the perennial problem of shortage of judges, he said. 

Speaking at the 5th national conference of the association of retired judges at Indore on April 21, 2007, CJI said: “Superannuation of SC judges at 65 “is a sheer waste of their abilities, expertise and experience, since that’s the age when their intellectual faculties are at their peak.”

The committee that reviewed the functioning of the Constitution also suggested 68 years as the retirement age for SC judges and 65 years for HC judges.

Protagonists of judges’ case say, in 1950, when the Constitution came into force, the average life span in our country was 30 years. Now, it is 70 years. Thus, the retirement age bar should be elevated.

But this argument can stand judicial scrutiny only if government employees also get similar relief. If it is accepted that the retirement age of judges should be hiked to make use of their “mature” capabilities, there’s no reason why civil and military personnel should be denied the lucrative extended tenure.

However, increasing the age tenure may not be medically advisable as they may suffer from various ailments related to old-age.   

Prof Madhuri Behari, head, Department of Neurology (AIIMS), said at a symposium that Parkinson’s disease affects 8 to 9 lakh people in India every year. “This ailment affects the older sections of society. And with life expectancy for Indians now at 67 years, the situation in the country has become more serious as it makes the larger portion of society vulnerable to the disease,” she said.

Moreover, persons in the medical profession do not rule out the possibility of memory loss among other diseases, which can affect most around and after the age of 60 years.