Comparative Constitution: Comparative Study Of Retirement Age Of Judges & Judicial Independence

Dr. Jayshree Gautam Kanchanpurkar, Assistant Professor, Vivekanand Education Society’s College of Law, University of Mumbai

ABSTRACT

The most significant institutional safeguard for judicial independence is frequently thought to be judicial tenure, as it can enhance the impartiality of court decisions. This article examines various tenure schemes and how well they can shield judges. The Constitution of India provides the mandatory retirement age where as there are other system like the retirement age in western liberal democracies is approximately 70 years old, the US Supreme Court and constitutional courts in Austria and Greece are appointed for life. Different retirement ages apply to mandatory and voluntary retirement in several nations. Many constitutions throughout the world support life tenure as the highest standard for protecting judges. The researcher in this research first will covers in detail the different types followed by countries and the researcher further will compare the different system of retirement and will analyses the advantages and disadvantages of this system. Lastly, the researcher will analyses the effect of retirement age on the judicial independence.