Report No. 80
IV. Consideration by The Government
6.10. Forwarding of the recommendation of the Chief Justice.-
According to the existing practice, the recommendation of the Chief Justice for appointment of the person to the office of the High Court judge is sent to the Chief Minister. The Chief Minister, on receipt of the letter containing the recommendation, either agrees with the Chief Justice, or sometimes disagrees or has some other reservation. He can in such a contingency call for some further information or express his disagreement. He may also suggest a name other than that recommended by the Chief Justice. In such an event he has to inform the Chief Justice and the latter's comments on the name proposed by the Chief Minister are invited. In our view, the Chief Justice, while sending the name to the Chief Minister, should also state the views of his two seniormost colleagues as already recommended by us.1
1. See para. 6.5, supra.