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States can’t cite financial burden to oppose higher retirement age for judges: Supreme Court

At the same time, the Court said the issue should preferably be resolved through consensus. It impressed upon all State governments to revisit the question of enhancing the retirement age of judicial officers.

The Court clarified that they need not refrain from taking a positive decision merely because the jurisdictional High Courts may have expressed reservations.

The Court emphasised that State governments must arrive at their own independent decision after considering the relevant factors. It also directed High Courts to deliberate on the issue in their Full Court meetings and communicate their views to the respective State governments.

The Bench said the exercise should be completed on an urgent basis, preferably within two weeks. It further directed that if a State decides to enhance the retirement age, the benefit must also be extended to judicial officers who retire during the intervening period.

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