SC Asks States to Consider Raising Judicial Officers’ Retirement Age to 61

NEW DELHI: The Supreme Court on Wednesday directed states and Union Territories to consider raising the retirement age of judicial officers from 60 to 61 years.

A three-judge bench headed by Chief Justice of India Surya Kant, also comprising Justices Joymalya Bagchi and V. Mohana, passed the interim direction while hearing a plea seeking uniform enhancement of the retirement age of district judiciary judges to 62 years.

"All state governments and union territories (UTs) are directed to take a decision, in consultation with their respective jurisdictional high courts, on this issue. In case they agree, judicial officers in such states shall be permitted to continue in service up to the age of 61 years. Such continuation shall remain subject to the final outcome of these proceedings," the court said.

The bench clarified that the interim arrangement would not affect the final adjudication on whether the retirement age should be uniformly increased to 62 years across the country.

"We clarify that the question of law formulated at the outset shall be decided by this court independently, irrespective of the stand that may be taken by the states or the high courts," it said.

The court directed states and UTs to place their stand on record within two weeks after consulting their respective high courts. The high courts were also asked to file their responses within the same period.

It said states and high courts already in agreement with the proposal need not file detailed affidavits and may submit a brief statement indicating concurrence.

At present, Supreme Court judges retire at 65 years and high court judges at 62 years.

The issue arises from the court’s 2002 judgment rejecting the Justice K. Jagannatha Shetty Commission’s recommendation to raise the retirement age of district judges to 62 years.