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Prakash Yedhula (Lawyer)     30 July 2010

Cabinet nods Bill to raise retirement age of HC judges to 65

 

A proposed legislation paving the way for increasing the retirement age of High Court judges from 62 to 65 years was approved by the Union Cabinet on Friday.

 

The measure will help around 630 judges of the 21 High Courts in the country.


Official sources said though the Law Ministry is keen on introducing the legislation in the ongoing Monsoon session of Parliament, various political parties will have to be taken into confidence as constitutional amendment is needed for the purpose.

 

A constitutional amendment needs support of two-thirds of the members in both Lok Sabha and Rajya Sabha.


Law Minister M Veerappa Moily favours a consensus to emerge before moving the amendment, the sources said.


The last time the retirement age of High Court judges was increased was in 1963.

 

The age was then increased from 60 to the present 62 years.


The proposal was first mooted by then Law Minister H R Bhardwaj in April 2008.

 

He had initiated discussion with the opposition on the issue, but lack of political consensus led to the issue being put on the backburner.


"Raising the retirement age of High Court Judges from 62 to 65 years will also aid in elimination of vacancies," a Law Ministry document on legal and judicial reforms approved by the Union Cabinet in November last year had said.


"If the retirement age of HC judges is increased, most HC judges would not like to get elevated to the SC...they want to come to the apex court as the retirement age in SC is 65," a Ministry official said.


Over 40 lakh cases are pending in the High Courts which are facing a shortfall of 265 judges, as per the latest official data.

 

While the sanctioned strength was 895, the High Courts were working with 630 judges.



Learning

 11 Replies

O. Mahalakshmi (Law practiece)     30 July 2010

excellent gather and submitting file.  Thank you sir


(Guest)

 

Dear Mr. Y. Prakash,

 

According to your personal view what could be the reason for this short fall and why the posts are not being filled up ?

 

Is there lack of knowledgeable people (judges) to promote / posted on the position of retiring judges so the age limit is going to be increased?

 

In judiciary at this age no doubt the judges becomes worthy of knowledge so why not the retirement age limit is increased till they alive like politicians ?   We are now more than 125 crores people but not having a few hundred knowledgeable judges?  I don't think so.  The reason is something other I think. 

 

Your personal views please.  


(Guest)

 

Whn the eyes are tired of viewing, when the ears are tired of hearing, when the legs are tired of walk even a single step, when hands are tired of holding even a pen, everything is tired but the man is not rady to retire just only because the heart is young like Devanand !!  The people are having burden of that Ever Young Devanand but the people have to shoulder the burden of these tired Devanands WHY?

Bhartiya No. 1 (Nationalist)     30 July 2010

Samudreji,

If they get retired then they will take home half of the salary without any work, so  if they continue govt. will have to pay the half amount only. Govt. is getting full timer in half of the salary.

But with advancement of age wkg. efficiency decreases.


(Guest)

 

Ashutosh ji,

 

Everything fine in your posting just only replace the word "Government" by the word "us"..  And yes, here you seems very smart.... we can treat them labourers at cheap rate.....

 

But the problem underlined by mr. Y. Prakash is that 40 lakh cases are pending.. when they did nothing at the right age what will they do now ??? So even the half salary to send take us free from them is a very godd deal.. Best to say GOOD BYE !!!

N.K.Assumi (Advocate)     31 July 2010

Considering the late entries in the service raise in retirement age is a happy sign.

Bhartiya No. 1 (Nationalist)     31 July 2010

Ramji,

In fact my fisrt posting, I posted it in sense of humour.

But  will the new recruitment will clear those 40 lakhs cases. Which are largely the result of failure of Executive, especially Police.

Just go thro' the judgements delivered during the year of 1960's and comapre it with the recent judgements then u will come to the value of ageing judges. In fact their skill and knowledge remained unutilised.

Unless quality and quantity of strength of judges of lower courts will not increase, burden on higher judiciary will keep on growing.


(Guest)

 

It is the lacuna in the system of Parliament not to have acountability observation on the work being executed by public servants (please note that I did not use here the word "government servant", it is "public servant").  As the judges also on pay roll from publidc money and assigned to execute public work and so it is very clear they are public servants.

 

How many MPs are knowledgeable and capable to draft and submit before parliament an Act to implement their issues?  How many ask the report from Executive Bodies (Bureaucrates) regarding implementation of the parliament directives ?  Actually is there any system with the Parliament and MPs to monitor over the executives ?  They are not only the representatives but they are the rule makers for all Indian territory.  They are not corporators to have concern only with their constituency.  They should have an office like a Government office in the parliament premises as well as in their constituecy and whosoever become the MP he/she will tok over the charge of the office like the collector or the commissioner and this office should have to only monitoring over the executive bodies and whatever they observe they should have submit the same in parliament and accordingly their should be a regular system to award punishment on defaulter public servants who ever found guilty. 

 

The main problem is that the MPs are illiterate in view of their knowledge of our constitutional democratic rights.  The parliament can do everything.  But the MPs have only to do their hands either "UP" or "DOWN" due to unconstitutional party discipline.  When a person becomes MP he/she has to represent the problem as well as solution at their own independent capacity.  And what is going on?  The MPs are not the representative of the people but they are "A NUMBER" for the so called high command of very few Dictators.  So it is not democracy but it is dictatorship. 


(Guest)

Who will ask from the judges as to when they come office and what they do and how many cases the dispose in a month before receiving salary?  And who will throw them out of public service who will not found working in frame???????????  Please please please implement the democracy as the dictator britishers are thrown to have this state of People's Rule and so accordingly make a system so that public can kick off the inefficient white elephant public servants who do nothing but only eat huge from the public money.

Bhartiya No. 1 (Nationalist)     31 July 2010

Once Namdhari Singh Dinkar in one of his poems has writtem something like this "Aye pathik ja kar kah do apni sarkar se, chrkha chalti hai hantho se, Shashan chalti hai talwar se"

System has remained the same only so called "Sahebs" have been replaced with "desi" one, who r only concerned with the status and facilities attached with the post without any any accountability and resposibility.

Not only this, we have lost the path, lacks in vision & discipline which Britishers' had .

The more we are advancing, the more we are losing sense and sensibility

N.K.Assumi (Advocate)     24 June 2012

Yes,there is a sense in your comment Bharatiya no.1.


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