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Report No. 58

Limitations of persons appointed from the subordinate judiciary

10.24. When we make this observation, we are not, in any manner, under-estimating the quality of the contributions made by some District Judges who were elevated to the Bench of different High Courts. Experience shows that District Judges elevated to the High Court Bench bring to bear upon the discharge of their functions a balanced approach and a mind trained by long judicial experience in appreciating evidence and in assessing the merits of rival contentions. But there is no denying the fact that, in his long judicial career, a member of the subordinate judiciary does not get an opportunity to become familiar with some of the important branches of law which constitutes an important part of the judicial business of different High Courts. Thus, in some respects, their work in the High Courts is qualitatively different from that which they do in the district courts.

Structure and Jurisdiction of the Higher Judiciary Back

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