The PIL filed by BJP leader and advocate Ashwini Kumar Upadhyay sought direction from the top court to the Centre to take steps to make the retirement age of judges of high courts and Supreme Court uniform, as it’s irrational to have different retirement age for judges of constitutional courts.
Being the protector of right to speedy justice guaranteed under Article 21, the court may use its plenary constitutional power to declare that the judges of high courts shall retire at the age of 65 years until Centre takes steps to reduce the pendency of cases from 15 to three years,” the plea contended.
The plea contended that uniformity in the retirement age was not only necessary to reduce the pendency of cases but it would also attract and retain the best legal talent on the bench. To reduce judicial and procedural error, India needs more experienced judges, the petitioner said.
At present, the retirement age for the apex court judges is 65 years whereas, for the high court judges it is 62 years. The plea argued that the judges of the high courts will work independently, without any expectation to move the top court, if the retirement age is made uniform. The petitioner argued that uniformity will create a pool of experienced judges in high courts, which will be extremely useful for deciding the cases of extreme importance or which require deep knowledge for interpretation of the Constitution.