I am not sure if the order of SC is workable.
Retirement age of HC judges is slated to be increased from 62 to 65(bill pending in Parliament), while the retirement age of IC is 65 years. So I am not how many former HC judges will qualify? Besides, one would want to continue in HC or later practise as solicitor/advocate, rather than to become an IC. If the argument is that lot of decisions are being challenged in courts of law, hence judicial help is required-well, lot of HC cases go to division benches and SC. Even this decision is likely to be challenged before larger bench.
Also, I wonder if a HC judge would want to be an IC-its like HC judge becoming Sessions judge. I don't foresee too many people agreeing for this type of job.
Also FAA having degree in law/experience in law. Take for example Municipal Corporation in any city. The FAA, is, any superior authority. for example Ward Officer in the relevant ward. If FAA has to be a legal degree holder, then by default, he is law officer of the organisation, and all appeal would lie before him. Imagine the number of appeals to be settled by a single law officer. What about places where there is no legal person?? In CIC if JS/Law is to be the FAA, I dont think it will make any significant difference to non disclosure by CIC. He will continue to justify not providing information. Currently also they seek help of JS/Law, who I am not sure is legally qualified.
Regards.
Girish Mittal
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