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Report No. 80

6.32. Desirability of panel.-

We may add that we are normally averse to making a suggestion as may necessitate amendment of the Constitution. Despite our general reluctance on this score, we still feel it desirable to have a consultative panel with a view to preventing the sway of extraneous considerations in the matter of supersession or transfer. Occasions have arisen in the past when transfers on extraneous consideration have been made, or when the seniormost judges have been passed over in the matter of appointment to the office of Chief Justice.

This has understandably created flutter and caused discontent. It is necessary to ensure that such acts in respect of high judicial offices do not become subject of controversy. This objective can be substantially achieved if, in case of transfer and also in case of ignoring the claim of the seniormost judge in the matter of appointment of Chief Justice of the High Court, the matter is scrutinised by a high level body of persons who are known for their integrity and have also judicial background. Avoidance of controversy is also necessary to preserve and keep up the image of the High Courts.



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