Report No. 80

6.19. Appointment of Chief Justice from outside.-

It would not be a healthy practice, in case the seniormost judge is considered not suitable for the office of Chief Justice, to appoint a junior judge from the same court as Chief Justice. In such an event, the proper course, in our opinion, would be to appoint some judge from outside the State. It should also be ensured that the judge so appointed as Chief Justice should have been on the High Court Bench for a sufficiently long time and should have that much seniority as a judge as not to cause resentment in the senior judges of the High Court that someone junior in service has been appointed in supersession of their claim.

While appointing someone from outside the State as Chief Justice of the High Court, care must also be taken to see that his tenure as Chief Justice is not so long as to block the chances of not only the seniormost judge but also of other judges in the High Court. By the words "blocking the chances", we mean not only preventing the appointment of a person as Chief Justice but also substantially reducing the length of his term as Chief Justice. Of course, arithmetical exactitude and precision in these matters cannot be insisted upon.