seniority to be acceptable as acting Chief Justice and
(ii) is best qualified to discharge the duties of that office.
It appears that the Chief Justice might have hesitated to
recommend Scholes appointment as Senior Puisne Judge were it not
for the fact that the latter has a comparatively short time to
12a1
serve before retirement and you yourself doubt whether Scholes
would be the right person to act as Chief Justice for an
extended period. Given that the raison d'être of the post of
Senior Puisne Judge is to provide an acting Chief Justice whenever
occasion requires, it seems clear to us that the post should be
held by the judge best qualified to discharge the functions of
Chief Justice in any foreseeable circumstances. May we therefore
have your assessment of other senior judges of the Supreme Court
as possible acting Chief Justices in terms of their professional
capacity. I am, of course, speaking in the context in which
there is no post of Appeal Judge, as to which I have asked what
your plans are. If the creation of such a post were still
it would be necessary ive feel, to rercers contemplated the justification for retaining a special post of
Senior Puisne Judge would have to be reviewed.
3.
I novo die
discussed the contents of this letter with
Ministers and
and we should be grateful if you could let me have an early
reply by ? within two weeks so that we may proceed
to consideration of the judicial appointments proposed in
your despatch of 5 February.
[omy]
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