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(1) The Commission shall recommend for
appointment a Judge of a High Court to be the Chief Justice of a High Court on the basis of inter se
seniority of High Court Judges and ability, merit and any other criteria of suitability as may be specified
by regulations.
(2) The Commission shall seek nomination from the Chief Justice of the concerned High Court for
the purpose of recommending for appointment a person to be a Judge of that.
(3) The Commission shall also on the basis of ability, merit and any other criteria of suitability as may
be specified by regulations, nominate name for appointment as a Judge of a High Court from amongst
persons who are eligible to be appointed as such under clause (2) of article 217 of the Constitution and
forward such names to the Chief Justice of the concerned High Court for its views.
(4) Before making any nomination under sub-section (2) or giving its views under sub-section (3), the
Chief Justice of the concerned High Court shall consult two senior-most Judges of that High Court and
such other Judges and eminent advocates of that High Court as may be specified by regulations.
(5) After receiving views and nomination under sub-sections (2) and (3), the Commission may
recommend for appointment the person who is found suitable on the basis of ability, merit and any other
criteria of suitability as may be specified by regulations.
(6) The Commission shall not recommend a person for appointment under this section if any two
members of the Commission do not agree for such recommendation.
(7) The Commission shall elicit in writing the views of the Governor and the Chief Minister of the
State concerned before making such recommendation in such manner as may be specified by regulations.
(8) The Commission may, by regulations, specify such other procedure and conditions for selection
and appointment of a Chief Justice of a High Court and a Judge of a High Court as it may consider
necessary.
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