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Report No. 80

III. High Court Judges

4.8. High Court Judges.-

Regarding the appointment of High Court Judges, there was general agreement that as in the case of Supreme Court Judges, the appointment of Judges of the High Court should also not be left to the unfettered discretion of the executive government. The Constitutional Adviser, in his memorandum of May 30, 1947 on the Provincial Constitution,1 included a general suggestion that provisions of the Government of India Act, 1935 regarding High Courts might be adopted with necessary changes. On the specific question of appointment of High Court Judges, his proposal was that the High Court Judges should be appointed by the Governors with the approval of two-thirds of the members of the Council of State.2

1. Constitutional Adviser, Memorandum, dated 30th May, 1947; B. Shiva Rao The Framing of India's Constitution, (1968), Main Vol., p. 497.

2. The Council of State as proposed was a body in the nature of a Privy Council; see para. 4.4, supra.

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