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Report No. 80

Question No. 6

(a) As regards six High Courts, Question 6 does not arise in view of their reply to Question 4. One High Court is of the view that Government Counsel and practising members of the Bar should not be included in the Commission.

(b) Five Judges of a High Court are of the view that practising members of the bar should not be members.

(c) A very eminent jurist is of the view that the unofficial body should consist of the Attorney-General of India and Advocates-General of all States. Judges and lawyers should not be mixed, as most lawyers would not express their opinion freely in the presence of Judges. Representatives of Bar Associations need not be included, as the Bar Associations are split on the lines of legislatures and are moved by considerations of caste and religion.

(d) Two State Governments and one Law Secretary are opposed to the proposal for Commission. According to one State Government, practising members of the bar or Government counsel should not be made members of the Commission. According to another State Government, one practising member of the bar may be included in the Commission, but not always.

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