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Report No. 58

Likely consequence of refusal by members of the Bar

10.23. If we find by experience that distinguished and experienced lawyers continue to say 'No' to the invitation made by their Chief Justice to accept a seat on the Bench.

Chief Justices may have to choose lawyers who do not occupy a position even in the second rank at the Bar. Lawyers of this category may, no doubt, be happy to be elevated to the Bench; but selection of such lawyers will not add to the strength of the Bench; on the contrary, it may lead to the lowering of judicial standards and deterioration of the administration of justice. This fact cannot be ignored in dealing with the problem of the improvement of the salaries of the High Court Judges.

If the Chief Justices of High Courts show reluctance to choose such lawyers for elevation to the Bench, the only course open to them would be to recruit on the Bench distinguished District Judges; and, if such a course is adopted, as it may well have to be, ultimately all the High Courts may be manned by District Judges, because in their case, elevation to the High Court Bench invariably means substantial financial rise in their salaries.

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