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Report No. 80

Chapter 2

Importance of The Subject

2.1. Role of High Courts and Supreme Court.-

Under the scheme of our Constitution, very important role has been assigned to the High Courts and the Supreme Court. Apart from the ordinary civil and criminal cases, as also cases under special laws, these Courts have to deal with vital issues of public importance involving interpretation of the Constitution. The citizens have also a right to approach the courts in case they find that any act of the State to their prejudice contravenes the provisions of the statute or the Constitution. The variety of cases which come up before these Courts, the constitutional issues-some having major political repercussions-dealt with by them, the duty laid upon them to provide protection against infringement of the citizens rights, necessitate that the Judges who constitute these Courts should be of the right calibre, well-versed in the Constitution and the laws and known for their independence and integrity.

For this purpose, it becomes essential that utmost care be taken at the time of initial appointment that the right type of persons are appointed as Judges. Criticism has occasionally been levelled that the selection has not been proper and has been induced by ulterior considerations. There are also complaints of executive interference in the appointment of Judges. Official spokesmen have also not been lacking, at least in one period of our history, when a plea was strongly put forward for the appointment of those who may be described as "committed Judges". Besides that, charges of favouritism have been levelled not only against the Chief Ministers but also, on occasions, against Chief Justices.

Method of appointments of Judges Back

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