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Report No. 272

I. 232nd Report of Law Commission of India, 2009

4.18 In Report titled as 'Retirement Age of Chairpersons and Members of Tribunals - Need for Uniformity', the Commission recommended that the age of retirement of Chairpersons should be uniformly fixed at 70 years for all the Tribunals. Likewise, the age of retirement of Members of all the Tribunals should be fixed uniformly at 65 years. It was observed:

'1.2 It needs no mention that enhanced age of retirement is prescribed in the higher echelons of the administrative and judicial services because the professional experience gained by those working in them needs to be fully tapped for the good of the society. It may be pointed out that the Government incurs a lot of expenditure on orientation-training of its employees, especially, at the senior level, and, therefore, their enriched professional experience in running the affairs of the government could be utilized for the good of the common man.

1.8 For selection and appointment in Tribunals, a set procedure is prescribed where the time spent in inviting applications up to the selection and then clearance from the Government at various levels, is six months to a year...'

4.19 Regarding the retirement age of the Supreme Court and High Court judges, the following observations were made:

'1.9 There has already been a lot of debate as to whether the retirement age of the Supreme Court and High Court Judges should be the same for the precise reason that the functions and duties carried out by them are of the same nature and, therefore, if the age of retirement of a Supreme Court Judge is 65 years, the same should be so with regard to High Court Judges. If the Judges or Chief Justices of the High Courts, who retire at the age of 62 years, wish to take up assignment in Tribunals, which is, as mentioned above, taken by them after their retirement, their work-period in Tribunals may be 2-3 years. Obviously, when Judges of the Supreme Court are appointed in any Tribunal, their retirement age must at the least be 70 years, their date of retirement as a Supreme Court Judge being 65 years...'

4.20 The Commission then recommended that there should be no difference in the retirement age of the Chairpersons, who come from the judicial stream i.e. High Courts or the Supreme Court, and it should be uniformly fixed at 70 years. Moreover, no distinction be made in the retirement age of the Members, whether coming from judicial stream or administrative stream.



Assessment of Statutory Frameworks of Tribunals in India Back




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