NEW DELHI : After long-drawn deliberations, the government has decided against recommending a one-year fixed tenure for chief justices of the high courts amid concerns that judges nearing retirement age may fail to land the job despite seniority and an impressive track record.
While drafting the revised memorandum of procedure, a document which guides appointment of judges to the Supreme Court and the high courts, the Department of Justice had proposed a two-year fixed term for HC chief justices.
A fixed long tenure, the department felt, would help chief justices concentrate on the administrative side of their duties like improving case management system.
But the fixed tenure was reduced to one year by the Law Ministry which thought two years was too long and hence not practical.
Judges are appointed as Chief Justices of high courts and elevated to the Supreme Court based mainly on their seniority. While retirement age for a Supreme Court judge is 65 years, it is 62 in high courts.
The issue of a fixed tenure came up for detailed discussion at one of the recent meetings of the Group of Ministers headed by External Affairs Minister Sushma Swaraj set up to finalise the document.
While some of the members of the GoM favoured a fixed tenure, others opposed the idea on the ground that those nearing the retirement age of 62 and having less than a year to go may lose out despite an impressive track record.
There was also a view that fixed tenure may give a “handle to certain judges to subvert the appointment of others,” a senior government functionary said. (AGENCIES)
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