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SCBA Establishes Committee to Select Attorneys for Judge Position | India News


NEW DELHI: In an unprecedented step that has no legal sanctity, the Supreme Court Bar Association has established a committee of high-level attorneys to shortlist meritorious attorneys who could be considered by the Colleges in different superior courts to recommend their names for appointments as HC judges.
Since the judiciary usurped the Judge Executive Selection Process Through two landmark rulings in the 1990s, the selection of HC judges has become a complicated process: the names of eligible attorneys and judicial officers are first considered by interested HC colleges And the lists are sent to the Union Ministry of Law, which simultaneously seeks the opinion of the governor, the chief minister on the names and also requests the Intelligence Office to submit reports on each of the candidates regarding their integrity and reputation at the bar.
After obtaining the respective opinions and reports, the Ministry of Justice sends the names along with all relevant documents to the College of the Supreme Court, which examines the names on their suitability for appointment as HC judges and then recommends names for appointments. as judges, who after the approval of the PMO go to the president for the issuance of appointment orders.
SCBA President Vikas Singh reported that the body has established a search committee comprised of him and leading advocates Mahalakshmi pavani, Rakesh Dwivedi, Shekhar Naphade, Vijay Hansaria and V Giri. Singh said the committee will “facilitate the elevation process by identifying meritorious and meritorious Supreme Court attorneys. The HC Collegium can then consider those names along with HC Bar Association attorneys to choose from. The most deserving candidates from among those available for elevation. ”
However, the press release has not taken into account the strikes called by various bar associations of the higher courts many times to protest against the fact that local talents are ignored for their appointment as judges of HC and against the appointment of lawyers who practice in SC as judges of HC.
A senior attorney told TOI that an SCBA search committee is a private body that has no legal status in the judge selection process that has been established by the two Supreme Court rulings. He also said that what if tomorrow the Supreme Court Registration Lawyers Association and other bar bodies in Delhi set up similar search committees to search for talent for appointment as HC judges. What prevents the other HC bar associations from creating similar search committees?
“This will only lead to confusion and provide a reason for disgruntled elements to litigate. If a person shortlisted by a private search committee is not named and another person, deemed less deserving by the bar association, is named, then he could lead to the presentation of auto petitions that challenge said selection by the Colleges of SC and HC. This will lead to chaos, “he said. The Superior Courts, with an authorized staff of 1,079 judges, currently function with only 661 judges.

Times of India