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Report No. 80

5.13. Role of State Governments-View of Study Team.-

Emphasising the fact that its recommendation would strengthen the independence of the judiciary, the Study Team pointed out that the principle underlying its recommendation was that State Governments should not have, and should not insist upon having, any constitutional right in the matter of appointments is to the High Courts. Nepotism by the Chief Justice, in the opinion of the Team, was still possible, but would be less likely and less frequent, as, being outside politics, he was less vulnerable to pressure. The Study Team expected that if . its first two recommendations were accepted, political influence exerted at the State level in the appointment of Judges would decline and less blame would attach to the political executive for the unsatisfactory appointments. It would also, in the opinion of the Team, result in greater regard being given to the professional competence.

Regarding the third recommendation no. 14 of the Law Commission that all appointments should have the concurrence of the Chief Justice of India, the Study Team conceded that there was merit in the reasoning of the Government of India in rejecting the recommendation. The Study Team, therefore, did not support the recommendation of the Law Commission in this respect.



Method of appointments of Judges Back




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