This is an archive article published on July 28, 2018
Do not delay appointments, raise retirement age to 70: SC judge
Justice Madan B Lokur, however, praised the government for the meticulous work it undertakes while processing names recommended for appointment as High Court judges.
Supreme Court judge Justice Kurian Joseph the Constitution enables appointment of ad-hoc judges and this should be explored (File Photo)
Supreme Court judge Justice Kurian Joseph Friday urged the government not to delay appointment of judges of the apex court and High Courts, and raise the retirement age of judges to 70.
“One request to the government: government must avoid delay in making appointments,” Justice Joseph told a ‘Conference on National Initiative to Reduce Pendency and Delay in Judicial System’. He said “once the High Court Collegium sends names to the government, there should not be (delay of) more than three months” and in the case of the Supreme Court, it should not be delayed beyond two weeks.
This, he said, will “go a long way in so far as optimum utilisation of resources is concerned”.
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Justice Madan B Lokur, however, praised the government for the meticulous work it undertakes while processing names recommended for appointment as High Court judges.
He said the judiciary should introspect whether it does such detailed vetting. He said it was his view that this may be “one of the reasons for this ping-pong that’s going on, recommendations going back and forth… do we have that kind of scrutiny”.
On the retirement age, Justice Kurian Joseph said: “(I) request government to increase retirement age of judges… both High Court and Supreme Court should be raised to 70.” By doing this, he said, the “most productive years of a judge can be utilised till 70”.
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He said the Constitution enables appointment of ad-hoc judges and this should be explored. He pointed out that this provision was seldom used in the past.
Making it clear that he did not want to be in service beyond the age of 65 — he retires in November this year — and that he was not going to take up any post-retirement assignment, Justice Joseph said he was willing to help with alternate dispute resolution measures.
Currently, the retirement age of HC judges is 62 and that of SC judges is 65.
Chief Justice of India Dipak Misra and Justice Ranjan Gogoi also shared their views on remedying judicial arrears.
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CJI Misra said “adjournment was a disorder”. He said soon after taking charge, he had urged High Court Chief Justices to constitute special benches to hear pending criminal appeals on Saturdays. The HCs, he said, had responded positively and had been able to clear around 3,000 cases.
Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry.
He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More