The Supreme Court is asking states to consider raising the retirement age of judicial officers to 61

The Supreme Court will discuss a proposal to uniformly increase the retirement age of district court judges from 60 to 62 years across the country. File | Photo credit: The Hindu

The Supreme Court on Wednesday (July 22, 2026) directed all states and Union Territories (UTs) to consider raising the retirement age of judicial officers from 60 to 61 years, pending a final decision on whether the retirement age should be uniformly increased to 62 years across the country.

The direction was issued by a Bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohan while hearing a petition filed by the All India Judges Association. The long-debated issue concerns stagnation in career progression and disparities in pay grades and procedures in the subordinate judiciary.

“All State Governments and Union Territories are directed to take a decision on this issue in consultation with their respective High Courts. In case they agree, judicial officers in these States will be allowed to continue in service up to the age of 61 years. Such continuation will be subject to the final outcome of these proceedings,” the Bench ordered.

However, the court clarified that the interim order will not affect its decision on the broader issue of whether the retirement age of district court officers should be raised uniformly from 60 to 62 across the country.

“We make it clear that the question of law formulated at the outset will be decided by this Court independently, irrespective of the position that may be taken by the States or the High Courts,” the Bench observed.

The bench directed all states and UTs, after consultation with their respective high courts, to record their stand within two weeks. It also directed the concerned High Courts to submit their replies within the same period.

On Wednesday, the apex court was also informed that a full bench of the Madhya Pradesh High Court had passed an order recommending an increase in the retirement age of judicial officers from 60 to 62 years. However, it has been pointed out that some high courts, including the Punjab and Haryana high courts, continue to oppose the proposal citing the fact that the retirement age of civil servants in their respective states remains 60 years or less.

A temporary mechanism

As the issue requires an early resolution in view of the different stances taken across the country, the Bench introduced an interim mechanism to allow an extension to 61 years whenever there is an agreement between the state government and the Supreme Court.

Earlier, a bench headed by the then CJI BR Gavai, after he retired, had raised the retirement age of judicial officers in Madhya Pradesh from 60 to 61 years. In its interim order, the Bench referred to a similar decision passed by the Telangana High Court.

“It is needless to say that judicial officers and other state government employees are drawing salaries from the same state treasury,” the Bench said, noting that the retirement age of other state government employees was 62 years.

The dispute stems from a 2002 Supreme Court judgment that refused to accept the recommendation of a Justice K. Jagannath Shetty commission that suggested raising the retirement age of district judges to 62 years. Since then, some states, including Telangana and Madhya Pradesh, have moved to raise the retirement age.

Published – 22 Jul 2026 5:30 PM IST