Should Supreme Court Judges in India Retire at 65? A Debate Rekindled After Justice Abhay S Oka’s Retirement

With the recent retirement of Justice Abhay S Oka, the discussion around the retirement age for Supreme Court judges has come back into focus. Justice Oka, known for his integrity and independence, served with distinction across the Bombay High Court, Karnataka High Court, and the Supreme Court of India. His farewell in Court Room No. 1 was attended by many from the legal fraternity, all expressing their deep respect and admiration.

At the farewell, Senior Advocate and SCBA President Vikas Singh once again raised a long-standing concern: Is 65 too early for a judge to retire from the Supreme Court?

What Does the Constitution Say?

• Article 124(2): A Supreme Court judge retires at 65 years.

• Article 217(1): A High Court judge retires at 62 years.

The last change to retirement age was in 1963, when the age for High Court judges was increased from 60 to 62. Since then, there has been no further amendment.

How Do Other Countries Handle Retirement of Judges?

• United States: There is no fixed retirement age. Judges serve for life unless they resign, are impeached, or pass away.

• United Kingdom: In 2021, the UK raised the retirement age for judges from 70 to 75, recognizing that experienced judges add great value even in later years.

• Australia: Judges retire at 70 under Section 72 of its Constitution.

Clearly, other mature democracies believe in longer tenures for their highest judges.

Attempts to Change in India:-

In 2010, the 114th Constitutional Amendment Bill proposed increasing the High Court judges’ retirement age to 65. However, the government never pushed for it. In 2022, then Law Minister Kiren Rijiju told Parliament that there was no proposal to increase the retirement age for judges.

Why the Retirement Age Should Be Raised to 70:-

From personal experience and broader observation, here are five reasons why India should seriously consider increasing the retirement age:

1. Reduces Need for Post-Retirement Jobs

At 70, judges are less likely to seek or be offered post-retirement government roles. As Arun Jaitley once said, “Pre-retirement judgments are influenced by post-retirement jobs.” Increasing the age may help safeguard judicial independence.

2. Longer Tenure for Supreme Court Judges

A longer retirement age means High Court judges elevated to the Supreme Court would serve longer. For instance, Justice Oka served only 3 years and 9 months. With an age of 70, his tenure could have been longer and more impactful.

3. More Stable Chief Justices

Longer terms for Chief Justices would bring continuity in leadership and allow for the implementation of long-term institutional goals. While not every long-serving CJI brings reform, many do.

4. Better Case Disposal

With heavy backlogs in the Supreme Court, longer judicial tenures would allow judges to hear more matters thoroughly without needing to reassign them due to retirement timelines.

5. Strengthens the Collegium System

A longer retirement age provides stability in the Collegium, allowing for more thoughtful appointments. This will pressure the government to clear appointments faster and reduce vacancies in the courts.

What’s at Stake?

The Supreme Court today has some of the finest judges, many of whom will have to retire with still much more to offer. Retiring them at 65 could mean a loss of wisdom, continuity, and judicial strength.

If we truly value the judiciary as the last bastion of democracy, then it’s time for the government to act before we lose more judges like Justice Oka while they are still in their prime.

The time to revisit and revise the age of retirement is now.