All India Lawyers Union Urges CJI To Reject SCBA Proposal

Background

• The Supreme Court Bar Association submitted before the Chief Justice of India that despite having vast experience with fields relating to civil, criminal, constitutional, and commercial law, the Supreme Court lawyers are rarely considered for elevation as High Court Judges as they do not regularly practice at High Court.
• SCBA President Mr. Vikas Singh opined that every lawyer practicing in India is a citizen of India and hence should be fairly considered for elevation based on merit alone irrespective of where he/she practices.
• As per communication by SCBA Executive Committee the Hon’ble CJI had agreed to the request made by SCBA and requested the Chief Justices of High Courts consider Supreme Court lawyers for elevation as High Court Judges.
• The Executive Committee of SCBA later constituted a ‘search committee’ for identifying deserving and meritorious Supreme Court practitioners. The High Court Collegium can consider names from this list and along with the lawyers at High Court Bar to choose the most deserving candidate.

AILU Submissions

• AILU urged the Hon’ble Chief Justice of India N. V. Ramana to reject the plea of SCBA to elevate Supreme Court Lawyers as High Court Judges on the basis that such an act will undermine the independence of the Judiciary and the transparency of the appointment process.
• The Union of Lawyers submitted that such a move will violate Article 217 of the Constitution &Constitution Benches’ decisions of the Supreme Court concerning the appointment of High Court Judges.
• The letter addressed to CJI further added that it militates against the federal principles, the autonomy of High Courts, and Constitutional norms in this regard.
• The AILU appealed that such issues should not be decided without a thoroughly democratic and informed debate among all the stakeholders, including the Bar Associations of the High Courts, and requested urged to the CJI to withdraw any instructions given in this regard to the High Court Judges.
• It was the opinion of AILU President Mr. Bikash Ranjan Bhattacharya that if the new process is adopted, it will curb the rights of the lawyers practicing in High Courts as well. He further added that this move is backed by BJP which is trying to centralize the power.

Submissions by other Bar Associations

• The Calcutta High Court Bar Association also sent a letter regarding the matter on Monday and the leaders of three bodies will jointly send a memorandum protesting against the move shortly.
• The DHCBA also wrote a letter to the CJI stating that the elevation of Supreme Court lawyers as High Court Judges is unfair and arbitrary. The Delhi High Court Bar Association also added that it is a wrong perception that Supreme Court lawyers are more meritorious than the High Court lawyers.
• The Proposal of the SCBA has been facing opposition by the Bar Association of almost every High Court.

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