2. Under article 103(2) of the Draft Constitution, Judges of the Supreme Court are to hold office till they attain the age of 65 and, under article 193(1), Judges of High Courts are to hold office until they attain the age of 60 or such higher age not exceeding 65 as may be fixed in this behalf by a law of the Legislature of the State. The Chief Justices have suggested in their memorandum that the retiring age for High Court Judges should be 65 and that for Supreme Court Judges 68. The view of the Home Ministry is that the normal age for retirement should be 60 for High Court Judges and 65 for Supreme Court Judges, but the Constitution should provide that, in exceptional circumstances, the appointing authority may extend the service of an individual Judge, in the case of High Courts not beyond the age of 63 and in the case of the Supreme Court not beyond the age of 68. Experience has shown that most High Court Judges are well past the peak of their usefulness by the time they attain the age of 60 and an automatic extension of the age limit would not be in the public interest. Where, however, an individual Judge shows exceptional talent and vitality, the President may extend his service for a maximum period of three years. Such cases, however, are likely to be very few. There is also another objection to the provision in the Draft Constitution. As it leaves it to the Legislatures of States to decide whether the age limit should be extended in the case of all Judges, there would be lack of uniformity. This would be undesirable in any case and would be particularly inconvenient as it would render difficult the transfer of Judges from one High Court to another.
