At HTLS 2023, Chief Justice DY Chandrachud offered his insights on the retirement age of judges, emphasizing the contrast between the Indian and American judicial systems.
Chief Justice of India DY Chandrachud expressed his view that the retirement age of judges is a matter for Parliament to decide. He highlighted the distinction between the Indian and American models of judicial retirement during a discussion on the final day of the 21st edition of the Hindustan Times Leadership Summit 2023. In the American system, judges do not have a mandatory retirement age, whereas in India, judges retire from the judiciary.
In a conversation with Utkarsh Anand, the national legal editor of Hindustan Times, Justice Chandrachud stated, “The retirement age of judges is for Parliament to decide. The American Supreme Court allows judges to serve without any age restrictions. We follow a different model. It is crucial for judges to retire because it is an enormous responsibility for human beings. Judges, like everyone else, are human beings, and they must pass on their role to the next generation as issues evolve. This is the source of change and the evolution of legal principles.”
Justice Chandrachud underscored the challenges faced by judges, stating, “Judges of the Supreme Court here handle around 200 cases in a week. The real challenge for a judge is to strike a balance between the substantial workload and the need to create mental space for addressing fundamental issues. This is the contemporary judge’s challenge.”
He explained that the legislature can enact new laws to address deficiencies identified in judicial rulings but cannot directly overturn them. He clarified that judges do not consider how society might react to their decisions, which distinguishes the judicial branch from the elected government.
“The distinction between what the legislature can and cannot do in the face of a court’s judgment is clear. If a judgment addresses a specific issue and identifies a legal deficiency, the legislature can always pass new legislation to rectify the deficiency,” the CJI stated. “What the legislature cannot do is declare that the judgment is incorrect and proceed to overrule it directly.”
Justice Chandrachud also noted that judges adhere to constitutional morality, rather than public morality, when rendering decisions.
He mentioned the significant caseload that judges handle, revealing that they had disposed of at least 72,000 cases during the year, with more than a month left to go.
When asked about his message for Team India in the ongoing Cricket World Cup, CJI Chandrachud extended his best wishes to the men’s cricket team led by Rohit Sharma, commending their commitment to physical and mental fitness and their ability to maintain equilibrium. He also expressed admiration for the dedication and inspiration of both the men’s and women’s teams.
