Increase in retirement age of HC judges - 62 to 65

This matter required debates from National level. Should the Judges retirement be measured only from the mounting pending cases created by their own creations?

increasing the age of retirement is not to serve but it is only to get the govt., benefits.  Still they want to enjoy the facilities given by the govt., because after retirement no one will care them.  So they want utilize the maximum benefit.

I am with Rajeev Sir.

It should be realised that currently there is a large number of vacancies of judges in almost all the High Courts.  The reason is first there is dearth of talented persons, and secondly those who are talented are reluctant to become Judges.  Those who are willing to become judges are not found to be of judge material. Thus, while on one side there is mounting arrears, on the other side there is depleting strength of judges.  Therefore, government in its wisdom has decided to increase the age of the high court judges from 62 years to 65 years.  

It is a mistaken view that once the judges retire no one will care for them.  In fact, judges really look forward to their retirement, since they can take up arbitration matters - which fetch them quite a lot of money. 

Not long ago, sheerly for want of qualified persons, the age of retirement of University Teachers was raised to 70 years.  We should realise that India is currently facing tremendous talented / experienced resource crunch.

One may say that there are lot of talented youngsters available in the country.  But unfortunately, they are not ready / coming forward to occupy the positions where the vacancies are available.  This is also for the reason that in Government the remuneration is less compared to the private sector. 

This is also one of the reasons that Indian Military is facing severe shortage of officers!

My final view;

Always first I smell from where the issue is raised and second, from where the solution is suggested.  

The main issue is that how to clear the heavy pendency of cases in High Courts?  

It is proposed that the retirement age of High Court judges should be increased so they will clear the pending cases and the number of pending cases will be reduced.  In case this logic is considered so it will need to review on the track record of judges as to how many cases they have cleared during the schedule of three years in the consequents blocks of three years during their entire service period.  They are themselves responsible for such heavy pendency of cases.  So it is a question that if they were not able to work in such a disciplined manner at the age of youth so how they will increase their capacity after the age of stagnation?    After the age of stagnation increase in retirement age will not serve the purpose but only increase burden to have outdated and frequently under medical treatment old persons who are enjoying the higher status with highest emoluments & other facilities from public money at the cost of bread of 37% BPL citizens.  They will only take medical facilities and reimbursement of huge medical bills and will pass their OLD AGE as the GOLD AGE while in serving status without service.  In fact it will become service of these old aged useless public servants by the people of India.  The rule of "WORK & PAY AND NO WORK NO PAY" is already broken by the public servants and this Bill be a step ahead toward breaking this fundamental rule.    IT IS JUST ANTI-CONSTITUTIONAL.

Increase in retirement age will also discourage the judges who are in "Q" for promotion.  In this regard if there will be a system of promotion based on the performance than efficient persons will have more promotion opportunities.  But, unfortunately, the bureaucracy has drafted no responsibility and only getting monitory benefits with promotion based on seniority.  As a result the efficient & dedicated persons are being discouraged as they are being forced to think that nothing good will be happened even if worked hard.  I am of the opinion that if track records of judges taken into consideration for promotion and increments than simply the pendency of cases will be sorted out.

Please continue discussion.

If they are good and deserving (only to deserving one) then their service may be extended year wise. As far as clearing of pendency is concerned then govt.  must increase the strength  of the quality judges thru fresh recruitment at every level right from lower to higher judiciary, or may hire legal experts on short contract with high salary and perks so that good lawyers too show interest, otherwise they opt to be remain outside. Govt. must clear the pendency with quality, irrespective of the expenditure, once lawlessness will be controlled then the overall performance of the country will improve, which in turn will increase the GDP of the country, thus whole expenditure will be recovered.

in some state there is no retirement age, legal field is nothing but to enrich the knowledge over hundred and thousands of act and rules. it includes the socilal, religious, political and economical practice to enrich the society from there vision.

a legally sound person can illuminate the society more like politician and lawyer, who served the nation till death.

so freedom should be given to Judges to enrich the society by their knowledge and expertise, like lawyer who assist the court, till end.

I have forwarded this;

Dear Mr. N. K. Assumi, Mr. Rajeev, Mr. Arvind, Mr. R. Ramchandran, Mr. Ashutosh Jayaswal, Mr. Rajnish Rai,

Thanks to all of you for sparing your valuable time and valuable contribution here.

Best wishes.

"The main issue is that how to clear the heavy pendency of cases in High Courts?"

I agree with above opinion. I see mainly 4 reasons for high pendency in cases:

1) Lawyers sometimes themselves/sometimes at behest of clients delaying the matter.

2) To a certain extent the Judges themselves are also responsible for above menace resulting in pendency of cases by entertaining excuses for delay.

3) Quality of justice in lower courts not good, hence people not satisfied with judgments going to High Courts causing extra burden.

4) Number of judges should also be increased in propotion to increase of cases coming to courts with increase of population. For this government has to take required steps.

If points 2 and 3 are taken care of by judges, point 1 will be reduced to great extent. By increasing or reducing the retirement age is not going to help much. Like in USA judges once appointed, should have life tenure, serving "during good behaviour", which terminates only upon death, resignation or conviction on impeachment. Promotions/increments etc. should be done on performance. To bring about accountability among public servants, unqualified protection under Article 311 of Constitution should be done away with.

reason for pendency is for two reason either lawyer are  using law as a tools to play with system and earn money, or lawyer are not well qualified to assit/guide the Judges

I totally disagree with Mr. Rajnish Rai Sir.

What can a lawyer do if the copies of charge sheet and other material can not be prepared by court officials in time.  

What can a lawyer do if he teke steps as per the order of court but due to negligency of staff or police, summons are not served timely.

What can lawyer do if court grants several adjournment to prosecution for evidence.

What can a lawyer do if after the arguement court feels unable to prnounce judgment and asks one party to seeks adjournment.

What can a lawyer do if one of the party goes in revision and matter remains pending for a long time at that level.

Sir lawyer is helpless person, he can not fight for every irregularity and letigants also seems to be reluctant  if his lawyer tries to press any point and think proper to go in revision or appeal against some order, or tekes any harsh step. Generally  it is better to keep mum in the interest of his client in expectaion of good result.

Despite all these problems he has to satisfy his client  who is illeterate and egnorant of law, when he innocently asks " Vakil Sahab ye mamala aur kitne din chalega"

To some extent lawyers are also liable but not totally.

Dear Arvind, i am agree with you, what ever u commented is the flaw/defect in our legal system, investigation is not completed in 90 days period, procedure of summoning, adjournment, after hearing, judgement resrved for how many days..? procedure of appeal , writ and revision all these are defects in law and WHICH are the tools of not only lawyers but for Judges.

now u can say that retirement age incresing from 62  to 65 is just and proper ( i am not seeing it with prospective to handle the pendency of the cases) but a trained judge which can deliver the justice system more efficienlty is required. otherwise fixe the reirement age for Politicians, Lawyer, Sadhu/Sanyashi and ofcourse in corporate world too, for every one even to retire from life, we dont need them.