V VASANTHAKUMAR Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner is an Advocate, practicing before this Court and other Subordinate Courts and Tribunals and he filed this Public Interest Litigation praying for the issuance of a Writ of Mandamus directing the respondents to take immediate and effective measures to pass "The Constitution (One Hundred and Fourteenth Amendment) Bill, 2010", in to an Constitutional Amendment Act and to notify the same in the manner known to law, within a time frame to be fixed by this Court and consequently, direct the respondents to implement the report of the National Commission to Review the Working of the Constitution dated 31.3.2002 and 14th, 230th report of the Law Commission of India, forthwith in respect to enhancement of retirement age of the Hon'ble Judges of the Supreme Court and High Courts to 68 and 65 years respectively in the light of the petitioner's representation dated 13.08.2013 and 16.08.2013.

(2.) The petitioner, in the affidavit filed in support of the writ petition, avers that he is an M.L. in Constitutional and International Law and he obtained the said Post Graduate Degree from the University of Madras. The petitioner would state that originally under Article 217(1) of the Constitution of India, the age of retirement of High Court Judges was fixed at 60 years and as per the amendment made in the year 1963, the age of retirement was increased to 62 years. The Constitution (114th Amendment) Bill, 2010 was introduced in the Lok Sabha on 25.08.2010, by and under which the age of retirement of Permanent Judges, Additional Judges and Acting Judges of High Court sought to be increased from 62 to 65 years and the Bill was referred to a Parliamentary Standing Committee by the Hon'ble Chairman of Rajya Sabha on 15.09.2010 and thereafter, the Bill is pending in the House of the Parliament.

(3.) The petitioner apprehends that as per Article 107(5) of the Constitution of India, the Constitution (114th Amendment) Bill, 2010 would lapse on the dissolution of the present House of People since the said Bill was introduced in the Lok Sabha, whose tenure expires during May 2014. It is also averred by the petitioner that by virtue of the resolution passed by the Ministry of Law, Justice and Company Affairs (Department of Legal Affairs) on 22.02.2000, the "National Commission to Review the Working of the Constitution" was constituted under the Chairmanship of Hon'ble Mr.Justice M.N.Venkatachaliah, Chief Justice of India (Retired) and the said Commission has given its report dated 31.03.2002, recommending among other things that the age of retirement of Judges of Supreme Court be raised to 68 years and that of High Court be raised to 65 years respectively. The petitioner has also cited the age of retirement of High Court and Supreme Court Judges in Canada, Ireland, Israel, New Zealand and United Kingdom, wherein the age of retirement varies from 68 to 75 years and in United States, the Judges of the Supreme Court can serve till their lifetime. Since no steps have been taken to pass the above said Bill in the Lok Sabha, the petitioner submitted representations dated 13.08.2013 and 16.08.2013 to the respondents 2 and 3 and though the said representations were acknowledged, nothing had taken place either to send a reply or introduce the Bill in Lok Sabha, the petitioner came forward to file this writ petition, as a Public Interest Litigation.