The Supreme Court on Wednesday framed for consideration the question of whether the retirement age of members of the district judiciary should be uniformly enhanced to 62 years across the country, while issuing interim directions to State Governments and High Courts on the retirement age of judicial officers.
The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing the long-pending All India Judges Association v. Union of India along with connected petitions, including one filed by the Madhya Pradesh Judges Association, concerning enhancement of the retirement age of judicial officers.
During the hearing, several counsel urged the Court to adopt a uniform retirement age across the country, relying on the recommendations of the Justice Shetty Commission and the Second National Judicial Pay Commission (Justice P.V. Reddi Commission). They argued that differing retirement ages among States would undermine the principle of uniform service conditions in the district judiciary.
The Bench observed:
“
“The question that falls for consideration in these matters is whether the age of superannuation of members of the district judiciary on a pan-India basis should be enhanced to 62 years irrespective of the resistance or opposition that may be shown by some of the States.”
Pending a final decision on the issue, the Supreme Court issued the following directions:
● All State Governments, Union Territories and High Courts have been directed to file their stand on the issue within two weeks.
● Every State Government, in consultation with its respective High Court, has been directed to take a decision on whether the retirement age of judicial officers should be enhanced from 60 to 61 years.
● Wherever the State Government and the High Court agree, judicial officers in that State shall be permitted to continue in service till they attain the age of 61 years.
● If a State decides to enhance the retirement age, the benefit will take effect from April 1, 2026. Consequently, judicial officers who retired on or after March 31, 2026, will also be entitled to the benefit.
● States and High Courts supporting enhancement need only file a statement to that effect, while those opposing it have been asked to file detailed affidavits within two weeks.
The Court noted the urgency of the issue, observing that judicial officers were retiring every month and, therefore, declined to grant a longer period for filing responses. The Bench observed:
“
“Going through the nature of urgency involved, as the officers are retiring every month, we will not accord more time. Those States and High Courts which are in agreement that the age should be enhanced need only file a statement to that effect. Those opposing such enhancement shall file their respective affidavits within two weeks.”