No proposal to increase the retirement age of Supreme Court Judges from 65 to 68 years, says Union Law Minister Sadananda Gowda

Union Law Minister Mr. Sadananda Gowda on Friday said there was no proposal to increase the retirement age of Supreme Court judges from 65 to 68 years. 

Law Minister Sadananda Gowda has said there is no proposal to increase the retirement age of Supreme Court judges from 65 to 68 years

On whether the Centre was considering increasing the retirement age of judges of the 24 high courts from 62 to 65 years, the minister said a constitutional amendment bill in this regard was introduced in Lok Sabha on August 25, 2010 which lapsed with the dissolution of the 15^th Lok Sabha. 

In response to a question in Rajya Sabha, he said the Bill was later referred to a parliamentary committee, which recommended that the proposed Bill "in its present form should be passed without a delay" but the bill could not be taken up for consideration and passing in Parliament and had lapsed with the dissolution of the 15th Lok Sabha. 

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"..the government has requested the Chief Justices of HCs that while sending proposals for appointment of judges, due consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, OBCs, minorities and from among women" - Union Law Minister Sadananda Gowda

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Mr.  Gowda said that as on December 1, there were three vacancies in the SC which has an approved strength of 31. In the 24 HCs, the working strength stands at 629 against the approved strength of 984, resulting in 355 vacancies.

He said the Constitution does not provide for reservation for any caste or class of person in the higher judiciary. "However, the government has requested the Chief Justices of HCs that while sending proposals for appointment of judges, due consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, OBCs, minorities and from among women," he said.

Bill seeking to repeal archaic laws introduced in the Lok Sabha by the Union Law Minister

Hon’ble Union Law Minister Mr. D.V. Sadananda Gowda on Wednesday introduced “The Repealing and Amending (Second) Bill, 2014” in the Lok Sabha, which seeks to remove certain Amendment Acts from the statute books as they have outlived their utility. 

(Parliament of India)

This is the first time since the year 2001 that such an exercise is being undertaken by the Law Ministry.

The Amendment Acts which are now sought to be repealed include the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2010, The Supreme Court (Number of Judges) Amendment Act, 2008, The Wakf (Amendment) Act, 2013 and the Banking Laws (Amendment) Act, 2012.

"The Bill is one of those periodical measures by which enactments which have ceased to be in force or have become obsolete or the retention whereof as separate Act is unnecessary are repealed or by which the formal defects detected in enactments are corrected," says the Statement of Objects and Reasons appended to the Bill.

Clause 4 of the Bill makes it clear that it “shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of orfrom any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed”

The legislative endeavour to do away these Amending Acts from the statute book as they are considered to have outlived their utility is in consonance with Prime Minister Narendra Modi's agenda to do away with archaic laws. PM Modi is of the view that such laws and rules hinder efficient governance. 

Between 1950, when the Republic came into being, and 2001 over a hundred Acts have been repealed. 

The draft of the Bill introduced in the Lok Sabha can be accessed here