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Report No. 80

5.15. View of High Courts Arrears Committee.-

The High Courts Arrears Committee headed by Justice J.C. Shah also went into the question and re-iterated in its report the recommendation made by the Law Commission. The Committee also observed:1

"We may recommend that the recommendation with regard to the appointment of a Judge may be sent by the Chief Justice directly to the Governor of the State, and if, within a time to be fixed by convention, say, not exceeding a month, no objection is received to the appointment, the Governor must be deemed to have accepted the recommendation, and the matter may be referred to the Central Government. The Central Government also should take expeditious steps to clear the steps for early appointment before the date on which the vacancy occurs.

The scheme of consultation with the Chief Justice of the High Court and the Chief Justice of India in appointment of judges of the High Court will function smoothly if the recommendation made by the Chief Justice of a High Court for appointment of a judge is treated as cleared by the Governor if no objection has been raised by him within a month from the date when the recommendation was received by him and the Central Government will be entitled to deal with the recommendation on that footing."

The above recommendation was not accepted by the Government as, in its opinion, Article 217 made consultation with the Governor mandatory and the "Governor" had been interpreted as acting on the advice of the Chief Minister.

1. High Courts Arrears Committee REport, (1972), p. 80. para. 128.



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