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Report No. 80

The Method of Appointment of Judicial

Chapter I Introductory
1.1 Reference to the Law Commission
2. Letter of Chairman
3. Letter of the Minister of Law to Chairman
4. Suggestions invited from various quarters and awaited
5. Reports forwarded between March 1978 and present Report
Chapter 2 Importance of The Subject
2.1 Role of High Courts and Supreme Court
2. Importance of independent judiciary
3. Wrong appointments-adverse effects
4. Confidence commanded by the judiciary
5. Respect of the bar
6. Observations in 79th Report
7. Earlier Law Commission's observation
8. Effect of wrong appointment
Chapter 3 Position in Various Countries
3.1 Analysis
2. Appointment by Head of State
3. United Kingdom
4. Australia
5. Australia-State Courts
6. Australia-Views of Sir Garfield Barwick
7. Canada
8. U.S.A Supreme Cour
9. U.S.A.
10. U.S.A State Courts
11. U.S.S.R
12. France
13. West Germany
14. Japan
15. Certain Commonwealth countries providing for Judicial Service Commission
16,17. (Sri Lanka) Ceylon
18. Analysis
Chapter 4 Historical Background
4.1,2 Government of India Act, 1935
3. Union Constitution Committee, and ad hoc Committee on Supreme Court
4,5. Memorandum of Constitutional Adviser
6. Drafting Committee
7. Dr. Ambedkar's view
8. High Court Judges
9. Variation in above description in regard to High Court common to two States
Chapter 5 Constitutional Provisions and The Present Practice
5.1,2 Articles 124 and 217
3. Article 224-Additional and acting Judges
4,5. Present practice
6. Summary of present practice by study team
7. Variation in above description in regard to High Court common to two States
8. View expressed by Chief Justice of Madras in 1947
9. Impression about appointment otherwise than on merit-14th Report
10. Debate in Rajya Sabha on 14th Report
11. Action taken by Government
12. Study Team of the Administrative Reforms Commission
13. Role of State Governments-View of Study Team
14. View of Administrative Reforms Commission
15. View of High Courts Arrears Committee
Chapter 6 Recommendations as to Method of Appointment of High Court Judges
6.1 Views of High Courts as to existing Scheme
2. Present scheme sound
3. Initiative
4. Recommendation in 79th Report
5. Consultation by Chief Justice with two seniormost colleagues
6,7. Age for appointment to High Court
8. Other points concerning eligibility
9. Selection on ground of religion, caste or region not to be encouraged
10. Forwarding of the recommendation of the Chief Justice
11. Suggestion in 79th Report reiterated
12. Meetings between Chief Justice and Chief Minister
13. Recommendation made by Chief Justice and two seniormost colleagues
14. Role of Chief Justice
15. Suggestion as to number of names to be suggested by the Chief Justice not accepted
16,17. Forwarding of papers to Union Minister of Law & Justice
18. Chief Justice of High Court-Seniormost Judge normally to be appointed
19. Appointment of Chief Justice from outside
20. Tenure of Chief Justice
21. Appointment of one-third judges from outside State
22. Benefit expected to accrue
23. Attracting competent persons from outside-possibility of
24,25. Modality of implementing
26. Proposed scheme not intended to be rigid
27. Consultative panel
28. Proposal for Judges' Appointment Commission not favoured
29. Panel of Chief Justice and four seniormost colleagues to be consulted in case of supersession
30. Transfer of High Court Judges
31. Constitutional aspect
32. Desirability of panel
Chapter 7 Recommendations as to Method of Appointments to the Supreme Court as Judges
7.1 Amplitude of jurisdiction of the Supreme Court
2. Need to appoint persons of the highest calibre
3. Reputation for independence and detachment-Importance of
4. Persons with political affiliations
5. Importance of dispassionate approach in India
6. Consultation by Chief Justice of India with his seniormost colleagues
7,8. Age for appointment to Supreme Court
9. Principle of seniority
10. Representation of region
Chapter 8 Conclusion
Qualities of a Judge
Chapter 9 Summary of Recommendations
Appointment of High Court Judges
Appointment of Supreme Court Judges
Appendix 1 Circuit Judges Nomination Commission in U.S.A.
1. Circuit Judges Nomination Commission in U.S.A
2. Functions of the Panel in U.S.A
3. Standards for selection
4,5. Appointment to panels will end thirty days after submission of the panel's report
Appendix 2 Questionnaire Issued by The Law Commission of India
Apart from the above the following suggestions are made
It is requested that your views may be expressed on the following points
Appendix 3 Tabulation of Replies to The Questionnaire
Question No. 1
Question No. 2
Question No. 3
Question No. 4
Question No. 5
Question No. 6
Question No. 7
Question No. 8
Question No. 9
Question No. 10
Question No. 11
Question No. 12
Question No. 13
Question No. 14
Question No. 15
Question No. 16
Question No. 17
Question No. 18
Question No. 19
Question No. 20

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