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Report No. 58

Reason for reluctance

10.16. Any senior, or even mid-senior, practitioner at the Bar is used to a certain way of life and to the conveniences and comforts of the members of his family and the education of his children in a certain style. Besides, he has before him an alluring prospect of reaching the position nearabout the top of the professional ladder where professional incomes have reached unprecedented heights today. In this situation, if members of the Bar are reluctant to join the Bench, it would not be easy to disapprove of or condemn their conduct.

It is from the class of these members of the Bar that the Chief Justices of the High Courts are very keen to recruit members on the Bench. This predicament is the determining factor for the quality of the higher judiciary, and, therefore, it will be dangerous and ostrich-like to ignore this dilemma. The dilemma, to which we have referred, should not be treated as illusory, and the reality behind the dilemma should not be ignored in considering the service terms of the High Court Judges.

Structure and Jurisdiction of the Higher Judiciary Back

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