Then comes the other article to which my Friend Dr. Sen referred article 196 is a bar against a High Court judge practicing in any court in India. Naturally therefore the question whether it would be possible to draw to the High Court Bench such talent as is necessary for the due administration of justice requires to be examined. We are accustomed to the present system. But we must see as to what kind of judiciary we are setting up by this Constitution. In the first instance, it is admitted on all hands that at the age of sixty most of the judges of the High Court- I do not say all- become unfit for further continuance on the Bench. If that is so, any further age limit prescribed by the Constitution would be a danger. The judges are not allowed to practice after retirement; otherwise during the last years of his tenure there may be temptation to so behave as to attract practice after retirement.
