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March 09, 2010

Retirement age of judges needs revision

IT REFERS to media-reports suggesting proposal of increasing retirement-age of High Court judges to 65 years and that of Supreme Court judges to 68 years. To check a normal human desire of judges to avail maximum tenure as judges, retirement-age of judges of Supreme Court and High Courts should be same so that there may not be a disappointment amongst Chief justice of states for not being elevated as Supreme Court judge.

Appointing-system of Supreme Court judges will then be relieved of any possible push for being elevated as Supreme Court judge.
Therefore most appropriate will be to immediately legislate necessary legislation to raise retirement-age of High Court judges to 65 years to be at par with that of Supreme Court judges. Retirement-age of Supreme Court judges must not be increased.

Also because all judges are at par with Chief Justice, Chief Justice should be posted by rotation for one year each amongst the senior-most judges to allow more and more judges to exhibit their performance as Chief Justice. This idea is doing well at renowned Faculty of Management Studies (Delhi University) where Deans of faculty are posted by rotation amongst senior-most professors for one year each

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