Government Rejects Proposal to Extend Judges’ Retirement Age Based on Performance

The Indian government has voiced its opposition to the idea of extending the retirement age of Supreme Court and High Court judges based on performance evaluations, stating that such a move could undermine the powers of Parliament and lead to favoritism. This response comes after the Standing Committee on Law and Personnel recommended a performance appraisal system for judges, suggesting that the tenure of Supreme Court and High Court judges could be extended beyond the current retirement ages of 65 and 62 years, respectively, based on factors such as health conditions, quality, and quantity of judgments.

The government expressed concerns that implementing a performance-based extension system would not be practical and could have unintended consequences. According to the Department of Justice, entrusting the Supreme Court Collegium with the authority to evaluate judges for tenure extension could erode Parliament’s powers and make the judiciary susceptible to undue influence and pressures. This approach could also place an unnecessary burden on the already limited resources of the Judiciary and the Executive involved in the appointment process.

In light of the government’s feedback, the committee, led by BJP’s Sushil Kumar Modi, has decided not to pursue the recommendation any further. The action taken report detailing the government’s response was recently tabled in the Lok Sabha, marking the end of discussions on this proposed judicial reform.

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