Report No. 80

Question No. 16

(a) The only High Court that has favoured the proposal is of the view that the recommendation of the Commission should be binding on the Government.

(b) This also is the view of one Judge of a High Court.

(c) A very eminent jurist is of the view that for some time the working of the Commission should be tried. Even if consultation with it is made a part of the Constitution, it is not, at the present stage, possible to make its recommendation binding, since, as the matter stands, even the recommendations of the Chief Justices are not binding. However, an appropriate provision should be made in the relevant article to the effect that the Government shall not appoint any person who is not supported by the majority of the Commission and the Chief Justice and Judges of the Supreme Court or of the High Court, as the case may be.

(d) Of the two State Governments which favour a Commission, one is of the view that its recommendation should be of a persuasive character, while the other answers the question in the affirmative.