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Report No. 95

6.11. The fifth issue: posting of judges to each Division.-

The fifth issue concerns the posting of judges to each division. In this regard two alternatives are open as mentioned in (a) and (b), below:

(a) A judge may, from the date of his very appointment, be appointed to a particular division for his entire judicial tenure (subject to such adjustments as may be necessary for temporary periods to meet temporary situations).

(b) In the alternative, the appointment may be only to the court and not to a particular division, and the judges may be transferable inter se.

We prefer the first alternative. In our view the appointment of prospective judges to a particular Division should, from the very beginning, be made to that Division, of course temporary adjustments as already recommended,1 will be possible. The procedure for appointment to the Supreme Court as provided in the Constitution will, of course, continue to apply, subject to what is stated above.

1. Para. 6.9, supra.

Constitution Division within the Supreme Court Back

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