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Report No. 253

D. Nomination to Commercial Division and Commercial Appellate Division and Appointments to the Commercial Court

3.13 In the Commercial Division and Commercial Appellate Division of the High Courts, the Chief Justice of the concerned High Court will nominate an adequate number of sitting High Court judges to the Commercial Division or Commercial Appellate Division who, in the opinion of the Chief Justice, have the requisite experience and expertise in commercial laws. It is advisable that the judges nominated to the Commercial Division or the Commercial Appellate Division deal exclusively with commercial disputes preferably for a period of at least two years.

3.14 So far as the Commercial Courts are concerned, the High Court shall have the power to appoint judges thereby creating a new and separate cadre of judges of the Commercial Courts. It is recommended that this cadre of judges have pay-scale and benefits not less than that of the Principal District Judge in that particular State. The judges in the Commercial Courts shall be selected through a well-defined recruitment process by the relevant High Court. In order to attract better talent, a higher pay-scale and greater perquisites for Commercial Court judges may be considered.

3.15 All judges appointed as judges of the Commercial Court should be required to undergo training in a special program for a period of six months at the National Judicial Academy and/or at the relevant State Judicial Academy. The syllabus for the training will be developed by the National Judicial Academy in consultation with lawyers, academics and judges. This syllabus should not only be useful to the judges of the Commercial Courts but should also assist in the continuing education of High Court judges if they so choose to avail of it.

Commercial Division and Commercial Appellate Division of High Courts and Commercial Courts Bill, 2015 Back

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