Judges should not head inquiries: SC

The court also observed that it was not desirable to send a serving judge even to a judicial tribunal because the judge would come under the disciplinary authority of the executive. The court, however, held three categories of commissions and tribunals as suitable for appointment of serving judges:

• The Finance Commission or the Law Commission;

• Tribunals to adjudicate any intra-state water dispute as provided by Article 262 of the Constitution;

• Commissions constituted under the Commissions of Inquiry Act, 1952. The apex court expressed displeasure over the fact that governments were ignoring these reports because of their recommendatory character.