On June 11, 2021, the Delhi High Court Bar Association (DHCBA) wrote a letter to Chief Justice of India (CJI) N V Ramana against the Supreme Court Bar Association’s (SCBA) proposal to consider apex court lawyers for elevation as high court judges.
The gist of the letter
The DHCBA, in a letter signed by its President Mohit Mathur and secretary Abhijat, wrote to the CJI opposing the SCBA''s proposal saying that such directions are not only “unfair, arbitrary and discriminatory” but likely to create resentment amongst a large number of lawyers in the High Courts.
DHCBA commented that,
"This will lead to disgruntlement and demoralization of a large section of the Bar. We beseech your Lordship to withdraw such directives, if any, issued to the Chief Justices of the High Courts on the request of SCBA and for which we shall be eternally grateful.”
The DHCBA''s letter also urged the CJI to “withdraw such directives, if any, issued to the Chief Justices of High Courts” that the lawyers practicing in apex court be considered for elevation as the high court judges at SCBA''s request.''
DHCBA commented that,
"There is no dearth of talented, competent and meritorious lawyers practicing in all the High Courts in the country and the courts subordinate to the High Courts"
The association further expressed its disapproval over alleged comments of the SCBA that the lawyers practicing in the apex court are “more meritorious” than their colleagues practicing before the High Courts.
The letter remarked that,
“This claim is not only preposterous but humiliates lawyers practicing before other Hon'ble Courts throughout the country. This claim made by the SCBA is not false and misleading but also undermines the competence and talent of lawyers practicing before the High Courts. It is no secret that several well-known jurists have evolved from amongst those exclusively practicing before the High Courts."
The DHCBA also expressed its disapproval of the” search committee” formed by SCBA to conduct the process of elevation for identifying deserving and meritorious lawyers practicing in the supreme court.
The DHCBA pointed out that the High Courts'' collegium recommends candidates for elevation based on qualities that are observed during lawyers'' regular appearances before the concerned High Court.
DHCBA said that,
"If the so-called "Search Committee" is to forward the names for consideration by the High Court’s collegiums, then why should there not a similar search committee be formed by every High Court Bar Association to identify talented and meritorious candidates and forward their names to the High Court collegium?"
DHCBA also commented that,
"Recommending names of lawyers practicing in Supreme Court of India, for elevation to High Courts, without adequate opportunity to the High Court collegium will neither be fair nor just either for the institution or the talented and deserving lawyers practicing before the High Courts”
DHCBA also added that the selection of lawyers by the High Court Collegium encourages a decentralized decision-making process assessed from ground reality, which benefits not only the Judicial Institution of each state but is also in the larger public interest.
Background
The issue has its beginning in a communication dated June 8, the SCBA claimed that the CJI has accepted the proposal of considering lawyers practicing in the supreme court for elevation as a high court judge.
SCBA also claimed that CJI has requested Chief Justices of all the high courts to consider apex court lawyers for elevation as HC judges but there was no official word from the office of the CJI.
