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Report No. 77

9.7. Recruitment from other States.-

One of the essential needs for the due administration of justice is not only the capacity of judges to bring a dispassionate approach to cases handled by them, but also to inspire a feeling in all concerned that a dispassionate approach would underlie their decision. Quite often, cases which arouse strong local sentiments and regional feelings come up before courts of law.

To handle such cases we need judges who not only remain unaffected by local sentiments and regional feelings, but also appear to be so. None would be better suited for this purpose than judicial officers hailing from other States. It is a common feeling amongit old lawyers that apart from cases with political overtones, the English judges showed a sense of great fairness and brought a dispassionate approach in the disposal of judicial cases handled by them. We in India are in the fortunate position of having a vast country.

There can, therefore, be no difficulty in having a certain percentage of judicial officers who hail from other States. The advantage gained by having persons from other States as judicial officers would be much greater compared with any disadvantage which might accrue therefrom, it would also, to some extent, result in national integration.

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