3. Article 196 of the Draft Constitution lays down that no person who has held office as a Judge, Additional Judge or a temporary Judge of the High Court shall plead in any Court or appear before any authority within the territory of India. The Chief Justices in their memorandum have pointed out that the enforcement of the ban in the case of Additional or temporary Judges would lead to a not very satisfactory result and would prevent recruitment from the bar to these posts. No doubt a District Judge could be appointed to be an Additional or Temporary Judge whenever it is found necessary to appoint such Judges but such appointments might not always be satisfactory and by giving some sort of a claim for permanent vacancies, give rise to difficulties in recruitment from the bar. The Chief Justices are also of the opinion that the scope of the existing disability should not be enlarged without a compensating increase in the scale of pension and a higher age-limit for superannuation.
