In the realm of legal contemplation, the proposition to extend the tenure of Supreme Court and High Court justices based on their performance has been deemed impractical by the government. The assertion is that such an approach would not only “further erode” the legislative authority of Parliament but also potentially lead to “undue favoritism.” These sentiments were conveyed to a parliamentary panel in response to its recommendations on judicial processes and reforms.
As of the current constitutional framework, Supreme Court justices retire at the age of 65, while judges of the 25 high courts conclude their service at 62 years old. The committee’s prior proposal suggested implementing a performance appraisal system to assess judges’ fitness for an extended tenure, factoring in health conditions, the caliber of their judgments, and the quantity of rulings delivered.
The government, however, expressed reservations about intertwining performance evaluation with the prospect of raising the retirement age. It contended that such a strategy might prove impractical and fail to yield the intended outcomes. The stance articulated emphasized concerns about augmenting the Supreme Court Collegium’s authority in evaluating judges individually for contract extensions, potentially diminishing Parliament’s role and amplifying the judiciary’s sway through the Collegium in decisions regarding age extension.
The Department of Justice within the law ministry further underscored potential pitfalls, including the risk of “undue favoritism” and the susceptibility of judges to external pressures, thereby compromising their impartiality. Additionally, it cautioned against the strain on limited manpower resources in the judiciary and executive involved in the appointment process.
This governmental response found its place in the committee’s action taken report on judicial processes and reforms. The report, presented in Lok Sabha, revealed that the committee, considering the government’s reply, did not wish to pursue the initial recommendation.