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Report No. 58

Role of each complementary to role of other

10.26. We would like to add that on the Bench of the High Court those appointed from the Bar and those appointed from the subordinate judiciary are complementary to each other, but in no sense a substitute for each other. That is why Chief Justices always expect to have a large number of practising lawyers on the Bench, in addition to the District Judge who, by the excellence of their work, are naturally promoted to the High Court. This expectation of the Chief Justices is being gradually defeated. That is a very serious problem which the administration of justice in the High Courts is facing today, and may have to face in future in a much larger measure. We earnestly hope that the policymakers in our country will take this consideration into account in dealing with our recommendations on this subject.

Structure and Jurisdiction of the Higher Judiciary Back

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