SCBA sets up committee to select lawyers for Judge post | India News

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SCBA sets up committee to select lawyers for Judge post | India News

NEW DELHI: In an unprecedented move that has no legal sanctity, the Supreme Court Bar Association has set up a committee of senior lawyers to shortlist deserving lawyers who might be considered by colleges in various high courts, to recommend their names for appointment as HC judges.
Since the judiciary seized the judge selection process from the executive branch in the 1990s with two groundbreaking judgments, the selection of HC judges has become a complicated process – names of suitable lawyers and judicial officers are first considered by the HC colleges concerned Lists are sent to the Union Law Department, which simultaneously seeks the governor’s and prime minister’s opinions on the names, and requests the intelligence office to provide reports on each candidate’s integrity and reputation in the bar.
After obtaining appropriate opinions and reports, the Department of Justice will send the names along with all relevant documents to the College of Supreme Court, which will review the names for eligibility for appointment as HC judges and then recommend names for appointment as judges following PMO approval is given to the President to issue appointments.
SCBA President Vikas Singh announced that the panel had formed a selection committee consisting of himself and senior lawyers Mahalakshmi pavani, Rakesh Dwivedi, Shekhar Naphade, Vijay Hansaria and V Giri. Singh said the committee would “facilitate the process of solicitation by identifying deserving and deserving Supreme Court attorneys. The HC Collegium may then consider such names with the HC Bar attorneys in order to select the most deserving candidates from among the available candidates for Elevation. ”
However, the press release does not take into account the strikes repeatedly called by several Supreme Court bar associations to protest local talent in appointing HC judges and the appointment of attorneys practicing HC judges in SC.
A senior attorney told TOI that a SCBA search committee is a private entity that has no legal status in the judge selection process established by the two Supreme Court rulings. He also said what if tomorrow the Supreme Court Bar Association and other legal bodies across Delhi set up similar search committees to find talent for appointment to judge HCs? What is preventing the other HC bar associations from setting up similar search commissions?
“This will only create confusion and give disgruntled elements a reason to litigate. Failure to shortlist a person shortlisted by such a private selection committee and another person deemed less deserving by the Bar Association is appointed may result in the filing of written petitions approving such selection challenge the SC and HC colleges. This will lead to chaos, “he said. The high courts, with a sanctioned strength of 1,079 judges, currently operate with only 661 judges.