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Report No. 80

5.12. Study Team of the Administrative Reforms Commission.-

The procedure for the appointment of the Judges of the High Court was gone into again by a Study Team on Centre-State Relations of the Administrative Reforms Commission.1 This team was also headed by Shri M.C. Setalvad. This team considered the three recommendations of the Law Commission referred to earlier. The team urged that the recommendations nos. 11 and 12 might be accepted by the Government. It was pointed out by the Study Team that the recommendations did not amount to bypassing the constitutionally elected representatives. The President, as the head of the Executive, it was stated, would, even in the arrangement visualised by the Commission, make appointment on the advice of the constitutionally elected Government at the Centre.

These two recommendations, in the opinion of the Team, envisaged a change only in the role of the State executive which was sought to be restricted to commenting on the Chief Justice's proposal instead of making one. The Study Team further suggested that the constitutional provision be amended to dispense with the obligation to consult the Governor. The fact that the budget of the High Court was debited to the State account was not, in the opinion of the Team, a sufficient reason for giving the State executive a say in these appointments. The Team felt that the State Government's comment on a candidate should be restricted to-

(a) his local position;

(b) his character and integrity; and

(c) his affiliations.

1. Study Team on Centre-State Relations of the Administrative Reforms Commission, Report (1967), Vol. 1, p. 180, et seq., Chapter 13.



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