State Bar Council Requests Madras High Court Collegium To Give Adequate Representation To All Sections Of Advocates For Elevation To Bench

The letter points out that the High Court is currently functioning with a strength of 66 Judges as against the sanctioned strength of 75 judges, of which a couple of judges are set to attain superannuation this year. Thus, the Council said that it is high time to fill the vacancy of the judges for speedy delivery of justice to the litigants and the public at large. At this juncture, the letter says that while recommending names to be considered for elevation to the higher judiciary, the High Court Collegium may consider providing equal opportunity to all the eligible and suitable aspirants from all sections of advocates who have well-trained legal minds.

“In a democratic setup all sections of the society irrespective of any caste or creed, who are eligible and suitable for the appointment, have a right to be considered for the same. The judiciary being the pillar of democracy and equality must be represented by lawyers from all sections of society and Your Lordship's and the collegium has to consider the eligible and suitable advocates from the diverse sections of society including the minorities to ensure wider representation in the bench,” the letter says.

The Council also pointed out the Apex Court's observation in Registrar General, High Court of Madras v. R Gandhi and Others, addressing the issue of inadequate representation from certain segments in the bench which could cause an imbalance in the diversity of the country and interfere with the spirit of equality which was the core of our constitutional principles. The Apex Court had noted that in the course of appointments, there could not be any exclusivity from any isolated groups or any pre-dominates group and diversity should be maintained in making appointments.

Thus, the Bar Council requested the CJ and the Collegium judges to ensure adequate representation to lawyers from all sections of society including minorities and women while considering names for elevation into the higher judiciary.