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Report No. 80

2.5. Respect of the bar.-

A person appointed not on merit but because of favouritism or other ulterior considerations can hardly command real and spontaneous respect of the bar. Anyone who is familiar with the working of the courts, can bear testimony to the fact that unless we have persons presiding over the courts who command real and spontaneous respect of the bar, the court proceedings are liable to run into difficulties. In any system of dispensation of justice, much depends upon the personality of judges; the most well-drafted codes and laws would prove to be illusive if those concerned with construing and implementing those laws are lacking in right calibre. The presiding officers' efficiency, tact, devotion, diligence, mastery of law or lack of them can make all the difference in the way the court proceedings are conducted and the cases are handled in courts.

It is common experience for the members of the bar to find that some case before one judge takes two hours and before another judge two days. Indeed, in quite a number of cases, the counsel feels more satisfied before the former judge. It would also not be correct to assume that judges who take less time are impatient or do not allow the counsel to put forth full arguments or present necessary facts. While striking a note of caution against the tendency to show undue hurry or impatience in disposal of cases, the Commission would point out that very often the length of time taken in the hearing of a case depends upon the up-take of the judge, his capacity to quickly grasp the points of law and facts and his ability to wade through the maze of facts and legal propositions to the crucial point.



Method of appointments of Judges Back




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