Delhi HC takes exception to SCBA proposal to elevate top court lawyers as HC judges

Tribune News Service
New Delhi, June 12

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Days after the Supreme Court Bar Association (SCBA) said that Chief Justice of India NV Ramana has requested chief justices of the 25 high courts to consider top court lawyers for appointment as high court judges, the Delhi High Court Bar Association (DHCBA) has taken strong exception to it.

”The attempt to create a distinct class of lawyers practicing before the Hon’ble Supreme Court for being considered for elevation as Judge of the Hon’ble High Court is not only unfair, arbitrary and discriminatory but is likely to create resentment amongst a large number of lawyers in the High Courts. This will lead to disgruntlement and demoralisation of a large section of the Bar,” the DHCBA said in a letter to the CJI.

Taking strong exception to the SCBA statement that Supreme Court lawyers are more meritorious, the DHCBA demanded that the CJI should withdraw such directions, if any, given to the chief justices of high courts for consideration for elevation of top court lawyers.

Some other high court bar associations are also reported to have also taken exception to the SCBA’s demand.

SCBA President Vikas Singh—who had recently written to the CJI in this regard—had said: “The CJI has agreed to the request made by SCBA and has requested the Chief Justices of the High Courts to consider lawyers practicing in the Supreme Court for elevation to their High Courts”.

In his May 31 letter to the CJI, Singh had written that the advocates practicing in the Supreme Court were hardly considered for appointment as high court judges by the collegiums. “The experienced and seasoned lawyers practicing in the apex court will prove to be deserving and meritorious judges of high courts,” he had written.

Singh had said the Executive Committee of SCBA has constituted a “search committee” consisting of senior lawyers to facilitate the process of elevation by identifying deserving and meritorious Supreme Court practitioners.

“The High Court Collegium may then consider such names along with the lawyers from the High Court Bar in order to choose the most deserving candidate amongst those available for elevation,” he had said.

Singh had said that lawyers practicing in the Supreme Court have “vast experience and best exposure in dealing with all kinds of issues relating to civil, criminal, Constitutional, commercial law”.

“However, they are rarely considered for elevation by the high court collegium as they do not regularly practice before the high court and while being professionally more meritorious than their colleagues at the high court, lose the opportunity for being considered as such,” the letter said.