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Report No. 253

5. Appointment of judges to the Commercial Courts :-

(1) Appointment of a judge of a Commercial Court shall be made by the relevant High Court in accordance with such rules as may be prescribed by that High Court.

(2) Where more than one judge is appointed to a Commercial Court, the senior-most judge shall be designated as "Principal Judge, Commercial Court" and shall have such powers and functions in relation to the Commercial Court, as the Principal District Judge has for the purposes of the administration of the District Court.

(3) No person shall be eligible to be appointed as a Judge of a Commercial Court unless such person is qualified to be appointed as a District Judge and has demonstrable expertise and experience in Commercial Disputes.

(4) The State Government or the Central Government, as applicable, in consultation with the relevant High Court, shall prescribe the pay, emoluments and other terms and conditions of service of the judges of the Commercial Court.

Provided that such terms and conditions of service for judges of the Commercial Court shall not be less favourable than that of the post of Principal District Judge or any other post in the judicial service equivalent to Principal District Judge in that State or Union Territory.

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

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