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Report No. 80

6.9. Selection on ground of religion, caste or region not to be encouraged.-

We are, in principle, against the selection of persons on grounds or considerations of religion, caste or region. In our opinion, the only consideration which should weigh should be that of merit and of the suitability of the person concerned to discharge his functions as a High Court judge. Wrong appointments of persons as High Court judges have, as already mentioned,1 not only affected the image of the courts, the confidence they enjoy and the quantum and quality of their disposal, but have also deterred suitable persons from joining the Bench in future vacancies.

This, however, is an ideal state. Even when matters of State policy make it necessary to give representation to persons belonging to some religion, caste or region on the High Court Bench, every effort should be made to select the best person. Further, as appointments on grounds of religion, caste or region make an inroad into the principle of selection on pure merit, we recommend that the number of such appointments to the exalted office of the High Court judgeship which calls for great qualities of head and heart should, if unavoidable, be as few as possible.

1. Chapter 1, supra.



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