Speaking at the "India Today conclave" in Mumbai on Friday the Union Law Minister Kiren Rijiju said that the Central government does not have plans to increase the retirement age of Supreme Court and High Court judges. He also spoke that there is a misconception that the pendency is very high due to a large number of vacancies in the judiciary. He also said that the Government is in the process of evolving mechanisms to ensure that disputes do not necessarily reach court but are settled between the parties via ADR.
The Law minister said "We are not increasing the tenure of the judges. We think retirement age of 65 (years) for Supreme Court and 62 (years) for High Court is ok. If a decision needs to be taken, that can happen, when it happens, but right now, there is no plan as such."
On the issue of pendency he said that "The larger question is - disposal of cases. That has nothing to do with age or vacancy and all. People have this misconception, that due to large vacancies, there is a pendency of cases. This is actually not true. As I said, I do not want to be very academic, and start explaining all the reasons. It will be a little boring,"
The Law Minister further said ""If you look at the numbers of cases, more than half of the cases do not deserve to be listed actually. You tell me why should Supreme Court involve themselves in bail petitions? Every bail is going to Supreme Court. Is the Supreme Court of India made to hear bail petitions? Bail petitions are to be dealt by the lower courts. Limited cases should come to High Court, forget the Supreme Court. Why should Supreme Court deal with bail petitions, unless it is death penalty or some serious cases."
He said "Many cases can be dealt at the local community level. Now if you look at the Mediation Bill that I have tabled, I am very hopeful, that in the coming winter session (of the parliament) we should be able to pass the Mediation Bill. I am telling you on this platform, large numbers of cases can be handled through mediation. Other business, contractual cases should go to arbitration. Only limited cases should come to court."
The Minister also said that At no given time, the pendency can go below 200. Because process is such that vacancy will remain. Because the Collegium system and the manner in which it is dealt with it will definitely leave some 20% vacancy at all times".
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