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Report No. 80

6.11. Suggestion in 79th Report reiterated.-

Complaint has on occasions been made that the Chief Ministers sit tight over the recommendations made by the Chief Justices and this results in considerable delay in the appointment of judges. One consequence of that is that the vacancy for the office of the High Court judge remains unfilled for a long time. To obviate such delays we would like to reiterate the recommendation which was made by us in the seventy-ninth Report wherein we observed:2

"Complaints have been heard that sometimes a Chief Minister sits tight over the recommendation made by the Chief Justice for the appointment of judges, and this fact results in delaying the appointment. In this regard, it would, in our opinion, be necessary to ensure that whatever may be the view of the Chief Minister about the particular recommendation of the Chief Justice, the recommendation of the Chief Justice should engage the prompt attention of the Chief Minister and should not be kept pending for more than a month.

Sometimes the recommendation of the Chief Justice necessitates the exchange of correspondence between the Chief Minister and the Chief Justice. In such an event, efforts should be made to see that because of such exchange of correspondence the matter does not get stuck up. It would perhaps be appropriate that necessary reply to a letter received be sent within a week of its receipt. We feel that the outside limit of six months which we have indicated above should be sufficient to take into account the various bottlenecks and delays which take place at different stages."

It may be mentioned that the Chief Justice has, pursuant to the recommendation of the Law Commission,' been authorised to send directly to the Union Minister of Home Affairs and the Chief Justice of India a copy of his recommendation to the Chief Minister.

1. 79th Report, para. 3.11.

2. Chapter 5, supra.

Method of appointments of Judges Back

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