Report No. 80
7.2. Need to appoint persons of the highest calibre.-
In view of the importance of the role which has been assigned to the court under the scheme of our Constitution, it is necessary that persons of the highest calibre should be appointed judges of this court and no other consideration except that of merit should weigh in the matter of appointment. The fact that the Supreme Court sits as a court of appeal against the judgment of the High Courts makes it imperative that the judges of the Supreme Court should be persons of such high stature and command such great esteem that even when the judgment of the High Court is reversed on appeal by the Supreme Court, the judges of the High Court should have a feeling that it has been done by a court which is not only higher in the legal sense of the term but which, because of the acumen of the judges composing it, is otherwise also superior to the High Court.
In one of his classic judgments Chief Justice Patanjali Sastri compared the role of the Supreme Court to that of the seminal on the qui vive. Both on this account and on account of the fact that the law laid down by the Supreme Court becomes the law of the land, it is essential to ensure that the cream of the judicial talent of the country is represented on the Bench of the court.