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Report No. 80

4.4. Memorandum of Constitutional Adviser.-

The Constitutional Adviser,1 in his memorandum dated May 30, 1947 suggested that the appointment of Judges should be made by the President with the approval of at least two-thirds of the Council of State. The Council of State, according to him, was to be a body in the nature of a Privy Council for advising the President on certain matters on which decisions were required on independent non-party lines. The Council of State was to include the Chief Justice of India among its members and its composition was to be such as to secure freedom from party bias. Such a Council of State, it was suggested by the Constitutional Adviser, would be a satisfactory substitute for the panel recommended by the Special Committee.2

1. Constitutional Adviser Memorandum dated May 30, 1947; B. Shiva Rao The Framing of India's Constitution, Main Volume (1968), pp. 338, 339, 485.

2. Para. 4.3, supra.

4.5. The Union Constitution Committee1 did not accept the proposal of the Constitutional Adviser for setting up of a Council of State, and suggested that the procedure for the appointment of judges should be that the President should consult the Chief Justice and such other judges of the Supreme Court as might be necessary.

1. Union Constitution Committee, Report, Clause 18; B. Shiva Rao The Framing of India's Constitution, (1967), Vol. 2, pp. 583, 600, Main Vol., pp. 335, 383, 485.



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