Report No. 80

II. High Courts: Initiation of The Process

6.3. Initiative.-

So far as the appointment of High Court judges is concerned, the initiative in the matter is to be taken, as would appear from the above, by the Chief Justice of the High Court. In order to prevent delay in the appointment and keeping in view the fact that the various steps take considerable time before the matter reaches the final stage, we recommend that in case of normal vacancies arising as a result of retirement the initiative for the purpose should be taken by the Chief Justice not less than six months before the date when the vacancy is going to fall due.

Although the period of six months may at first sight appear to some to be too long, taking into account the past experience and the difficulties that quite frequently arise because of the difference of opinion between different authorities who come into the picture, it appears to us to be much more realistic that the initial steps for the purpose are taken six months before the date of vacancy. Adherence to this time schedule would obviate the possibility of vacancies remaining unfilled for a long time after the previous incumbent retires.