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Report No. 80

5.11. Action taken by Government.-

The Government of India considered the recommendations of the Law Commission reproduced above and mentioned as recommendations 11, 12 and 14 and rejected all three of them. In rejecting the first two recommendations, the Government relied on the fact that no nominee was considered without taking into consideration the views of the Chief Justice of the High Court concerned, and in all cases the recommendations of the Chief Justice of India had been accepted. The third recommendation of the Law Commission that all appointments should be made with the concurrence of the Chief Justice of India was rejected on the ground that it departed from the spirit of the Constitution and fettered the ultimate decision of the Government of India.



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