The argument for raising the retirement age in India's courts

September 3, 2012 According to the author of this article in The Hindu, the present method of selection and appointment to the superior courts - with selections made by other judges - does not function to ensure a top quality judiciary.

Since, however, changing the process of judicial appointments is a complicated and time-consuming constitutional process, the author advocates that the retirement age be raised for the judges of the Supreme Court and the High Court in order to keep talented and experienced judges at the bench, and to ensure that talented lawyers are not discouraged from serving on the judiciary by the prospect of an early retirement.

In India Supreme Court judges retire at 65 and High Court judges at 62, while in the High Court of Australia the retirement age is 70, in the Supreme Court of Canada 75, in the Supreme Court of Ireland 70, in the Supreme Court of Israel 70, in the Supreme Court of New Zealand 68, in the Constitutional Court of South Africa 70 or after 12 years of service, and in the U.K. Supreme Court 75. In the US there is no compulsory retirement age for judges of the Supreme Court.


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