The Supreme Court has made it clear that State governments cannot oppose an increase in the retirement age of District Judges merely by citing the additional financial liability that may arise from their continued service.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana directed States and Union Territories to urgently reconsider their positions on enhancing the superannuation age of judicial officers.
The Court was hearing the long-running All India Judges Association v. Union of India proceedings concerning service conditions of the district judiciary, including the question whether the retirement age of District Judges should be increased on a uniform basis across the country.
The Bench observed that the objections raised by various State governments on the ground of increased financial burden appeared misconceived. It emphasised that retaining experienced judicial officers could, in fact, result in lower financial liability for the States than retiring them and recruiting new officers.
The Court accordingly asked the States to take an independent and pragmatic decision on the proposal, preferably within two weeks. It made clear that the decision need not necessarily be tied to the retirement age applicable to other government employees.
The proceedings follow the Supreme Court’s July 22 order directing all States and Union Territories to consult their respective High Courts and decide whether District Judges should be permitted to continue in service until the age of 61.
Under that interim arrangement, officers reaching the existing retirement age of 60 can continue until 61 only where both the concerned State or Union Territory and the respective High Court agree to the enhancement. The Court had also clarified that any such enhancement, if approved, would operate retrospectively from April 1, 2026.
The larger question whether the retirement age of District Judges should be uniformly fixed at 62 years across the country remains pending before the Supreme Court.
During the hearing, the Bench indicated that it intended to address the issue expeditiously. CJI Surya Kant also questioned the rationale for maintaining a distinction if District Judges were ultimately to retire at 62, particularly since the retirement age of High Court judges is constitutionally fixed at 62.
The Court noted that an earlier decision had declined to accept the Justice Shetty Commission’s recommendation for raising the retirement age of District Judges to 62 years. A subsequent three-Judge Bench had also left the question open, noting that the Second National Judicial Pay Commission had not made a recommendation for altering the retirement age.
The legal landscape has since evolved, with several States increasing the retirement age of their government employees to 62 years.
The Bench also took note of developments in Madhya Pradesh. Although the State government had agreed to enhance the retirement age of judicial officers, the High Court had earlier withheld concurrence in view of the Supreme Court’s 2022 judgment on the issue.
The matter subsequently reached the Supreme Court through petitions filed by judicial officers from Madhya Pradesh. In May 2025, the Court clarified that there was no legal impediment to increasing the retirement age to 61 years.
During Wednesday’s hearing, counsel for the Madhya Pradesh High Court informed the Bench that its Full Court had resolved to raise the retirement age of District Judges to 62 years. Telangana was also stated to have taken a similar decision.
However, Punjab and Haryana were among the States opposing the proposal. Their position was premised, inter alia, on the fact that the retirement age of government employees in those States remained at 60 years or below.
In view of the divergent positions, the Supreme Court directed all States, Union Territories and High Courts to place their respective stands on record through affidavits within two weeks.
Senior Advocate Siddharth Bhatnagar, appointed as Amicus Curiae, was directed to collate the responses and place them before the Court.
The Bench clarified that States and High Courts supporting an increase in the retirement age to either 61 or 62 years need not file detailed affidavits. Those opposing the proposed enhancement, however, may submit counter-affidavits setting out their reasons.
The Supreme Court’s latest observations reinforce that financial considerations cannot, by themselves, constitute a sufficient basis for rejecting a proposal aimed at retaining experienced members of the district judiciary.
The Court is expected to consider the competing positions before determining the larger question of whether District Judges across the country should have a uniform retirement age of 62 years.
Case: All India Judges Association & Ors. v. Union of India & Ors.
Bench: Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana
Hearing Date: August 5, 2026
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