Judicial Officers' Promotion: Live Updates From Supreme Court Hearing | All India Judges Association Case - DAY 2

J Kant : these are only going to be general directions, there is nothing like inter (inaudible) , there is no question of us entertaining inter (inaudible) dispute by us

Dwivedi : if the discretion of the HC is not to be taken away, leave it to the HC

CJI: why not have some uniform policy for the country, why do you want some different policy in the Bombay High Court and some different ...

Dwivedi : in all aspects, there cannot be uniformity

CJI: there cannot be 100% uniformity

CJI: even we don't know, but even if we do, we will not take away the discretion of the HC in recommending names. The recommendation will be by the HC solely on the satisfaction with regards the suitability of the candidate to be elevated

CJI: even if we accept any of the suggestions provided by the amicus, even if quota is accepted, its necessary that we go by seniority

Dwivedi : I don't know what mylords will do

Dwivedi : its not about having the quota but the next question is what is the quota? To what extent is the quota?

Dwivedi : in Allahabad HC the age gap which was 10yrs has come down to 4months to 3 yrs now

Dwivedi : because of the roaster system and simultaneously holding exams in time , it has come down

Dwivedi : bringing a quota now (a) is unnecessary and (b) will create another balance

Dwivedi refers to the changes in the quota allocations done since 2002 in AIJA Cases - so within a span of 18 years , 3 uniformities

J Nath : and if the promoters are in majority there, they will hold back

Dwivedi: chapter 6 of part 6 of the Constitution vests exclusive control on the HCs, generally HCs are seized with the facts and situations and therefore they are in a position to deal with the situation which prevails in the HC in a particular state

Dwivedi : because HCs are very reluctant to provide data, to speak up what they desire mylords

J Nath : that is the whole difficulty the HC registry controls everything so strongly, same like SC registry - registry is very powerful everywhere. If there are more direct recruits they ensure that promotes do not get their due benefits

Bench assembles

Sr Adv Rakesh Dwivedi (in liter vein) : there should have been an amicus for HCs too