Consider Increasing Retirement Age Of District Judges To 61 : Supreme Court To States/UTs

The Supreme Court today directed all States/UTs to consider enhancing the retirement age of District Judges to 61 years, after consulting with the respective High Courts.A bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was dealing with the All India Judges Association case, where one of the issues being considered is whether the age of superannuation of members of District Judiciary should be enhanced to 62 on pan-India level despite any resistance shown by any State/UT or High Court.The Court indicated that it will decide the issue as to whether the retirement age needs to be uniform on pan-India level at the earliest. But in the meantime, its earlier interim order (permitting District Judges in some states to continue till 61) is modified to hold that district judges who are due to retire may continue working till the age of 61, provided the State/UT they are working in and the respective High Court are in concurrence over increase in the retirement age."Meanwhile, all states/UTs are directed to take a decision in consultation with High Courts on this issue and in case they so agree, members of district judiciary in such states should be allowed to continue till 61 yrs, subject to final outcome of these petitions. Earlier interim order granting unconditional continuation is modified. Officers are allowed to continue beyond 60 yrs. only if states/UTs and High Courts are in concurrence. In case states/UTs and HCs decide to enhance the retirement age, such enhancement shall take effect from 01.04.2026", the Court stated.Regarding Court's earlier rejection of pleas to enhance the retirement age of district judges to 62, on the ground that High Court judges retire at the age of 62 and there should be some sort of hierarchy, CJI Kant remarked, "If district judge also retires at 62, what's the issue?"Notably, while rejecting the earlier pleas, the Court had refused to accept the recommendations of the Shetty Commission to enhance the retirement age of district judges (to 62).It further recorded that when the issue again came before a 3-judge bench, the Court declined to render any opinion as no recommendation had been made by the 2nd National Judicial Pay Commission.Subsequently, in some states/UTs, the retirement age of government employees was increased to 62. Madhya Pradesh government, in particular, agreed to enhance the retirement age of its judicial officers to 62, but the High Court declined to accord consent in view of the Supreme Court's 2022 order.Thereafter, the issues were agitated by Madhya Pradesh judges before the Supreme Court, culminating in the order of May 2025, whereby it was clarified that there was no impediment in raising the retirement age to 61 years. Today, counsel for the MP High Court placed a sealed cover report before the court, which mentioned that its full court has resolved to enhance the age of retirement of district judges to 62.While Telangana was also stated to have similarly enhanced the retirement age of its district judges, some states/UTs, like Punjab and Haryana, opposed the enhancement. They asserted that the retirement age of government employees in their jurisdiction was 60 or less.Ultimately, considering that the issue required to be determined as soon as possible, the bench called for the affidavits of States/UTs and High Courts within 2 weeks. The same must be provided to the Amicus (Senior Advocate Siddharth Bhatnagar), who will collate and present them to the court.The Court added that where States/UTs and High Courts are in favor of enhancement of the retirement age to 61/62, comprehensive affidavits need not be filed. Others may file counter-affidavits within the time specified.Case Title: ALL INDIA JUDGES ASSOCIATION AND ORS. v. UNION OF INDIA AND ORS., W.P.(C) No. 1022/1989Click Here To Read/Download Order

Consider Increasing Retirement Age Of District Judges To 61 : Supreme Court To States/UTs

Debby Jain

The States/UTs have been asked to take a decision in consultation with the respective High Courts.

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Debby Jain

Consider Increasing Retirement Age Of District Judges To 61 : Supreme Court To States/UTs

Debby Jain

The States/UTs have been asked to take a decision in consultation with the respective High Courts.

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Debby Jain

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