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Report No. 72

6. Independence of the judiciary.-

The Commission is unable to subscribe to the view that Article 220 as it stands in any way affects the independence of the judiciary. On the contrary, in the view of the Commission, the ban on practice in a High Court by a person who has been a permanent Judge of that very High Court is a step towards securing the independence of the judiciary. Independence of the judiciary can be threatened not only by external pressures; it can equally be jeopardised by inner pressures. It cannot be disputed that the prospect of starting or resuming practice in a court of which one has been a Judge can sometimes generate mental pressures and colour one's approach even unconsciously, appointment goes back to the Bar. Reference in this context may be made to The Machinery of Justice in England by R.M. Jackson1, wherein it is stated:

"A judgeship means the end of a career at the Bar or in politics, there is no recent instance of a Judge resigning and going back to practice or to politics, although it can hardly be said that he may not do so."

1. R.M. Jackson The Machinery of Justice in England, 6th Ed., p. 378.



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