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Report No. 80

5.4. Present practice.-

The manner in which the constitutional provisions regarding appointment of Judges are worked can be best understood if we describe the present practice. For the appointment of a Judge of the Supreme Court, whenever a vacancy occurs, the Chief Justice of India intimates that fact to the Minister of Law and Justice and recommends the name of a suitable person for filling up the vacancy. If the Minister of Law and Justice agrees with the recommendations of the Chief Justice of India, he, with the concurrence of the Prime Minister, advises the President of the selection.

In case the Minister has some reservations about the person recommended by the Chief Justice of India, he can consult such Judges of the Supreme Court and the High Court as he may deem necessary and, after the consultation, may bring any point to the notice of the Chief Justice of India or suggest the name of any other person not recommended by the Chief Justice of India. On obtaining the views of the Chief Justice, the Minister of Law and Justice, with the concurrence of the Prime Minister, advises the President of the selection.

5.5. Whenever a permanent vacancy is expected to arise in the office of the Chief Justice of India, action is taken by the Minister of Law and Justice. There has also been a convention for the outgoing Chief Justice of India to make a recommendation regarding the appointment of his successor though, under the Constitution, no such recommendation is required.



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