Report No. 80

Question No. 9

(a) Seven High Courts agree with the suggestion.

(b) Chief Justice and six Judges of one High Court and some Judges of another High Court also agree.

(c) A very eminent jurist is of the view that Junior Judges should not be normally appointed in supersession, until Article 124 is amended or a permanent Commission appointed.

(d) One State Government and one Law Secretary agree with the suggestion. According to one State Government, when the seniormost Judge is not considered fit for Chief Justiceship, then approval of the proposed Commission should be necessary. Two State Governments are opposed to the suggestion, one of them stating that seniority is not sacrosanct and merit alone may be the consideration.