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Report No. 80

Question No. 2

(a) According to four High Courts, some defects have been seen in the present scheme though they are not serious enough to justify changing the scheme. Two High Courts, however, see no substantial defects in the working of the present scheme. Defects mentioned are-appointment on political or caste basis, and suggesting of names by the State Government.

(b) According to some Judges of one High Court and the Chief Justice of another High Court, some defects or lacunae have been seen. They have mentioned, as an example of a defect, the suggestion of a new name by the State Government, and also delaying the matter by keeping the matter pending for a long time in the State Government.

(c) A very eminent jurist is of the view that some lacunae exist.

(d) Three State Governments and one Law Secretary also see some defects in the present scheme. One State Government states that there are no major defects in the present system.



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