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Report No. 116

Direct Recruitment from the Bar

5.7. The remaining 20% of the posts in Indian Judicial Service shall be filled in from amongst the senior and experienced members of the Bar who have put in not less than seven years of practice at the Bar. Though this is the constitutional requirement, selection from this area should desirably be confined to those who have put in practice at the Bar for a period of ten years and above. The selection should be made by interview to be conducted by the committee as recommended in the just preceding paragraph.

In the matter of selection from the Bar, one suggestion made was that the upper age limit should be fixed at 50 years. In our opinion, for recruitment from this source, upper age limit is not required to be fixed. If an experienced senior member of the Bar is willing to become a member of the Indian Judicial Service at any age, there is no reason why he should be disqualified on the ground of being too old. Maturer the experience, better would be the service rendered by him. But at any rate, those below 35 years of age should ordinarily not be selected as direct recruits from the Bar to the Indian Judicial Service. In prescribing the period of practice and the age, what has weighed with us is that when recruitment is from three different sources, there must not be such disparity in age while entering the service as to provide a fertile field of unfair competition for promotion to the next higher office of a High Court Judge.

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