Supreme Court Lawyers As High Court Judges? After DHCBA, Calcutta HC Bar Association Writes To CJI Against SCBA Proposal

The Bar Association of Calcutta High Court has written to the Chief Justice of India NV Ramana opposing the proposal made by the Supreme Court Bar Association for elevation of lawyers practicing in the top court as High Court judges.

The Calcutta Bar Association said that such a move, if true, will interfere with the independence and purity of the selection process and militates against the law laid down by the Constitution Benches.

"Such a move, if true, interferes with the independence and purity of the selection process and militate against the law laid down by constitution Benches of the Hon'ble supreme court of India relating to appointment of Judges of Hon'ble High courts. The same will also be against constitutional norms," the letter to CJI Ramana said.

Referring to the SCBA constituting a "search committee" for identifying meritorious Supreme Court lawyers, the Calcutta Bar Association said :

"Each High Court has its own independent selection method upon observance of various factors depending upon the personal assessment of the candidates by the collegiums of the concerned High Courts and it cannot be, in any way, marred by out-sourcing"

The Bar Association, therefore, urged the CJI to reject the proposal of SCBA "and be kind enough to follow the age old practice to maintain the sanctity of the institution."

Takes objection to claim that Supreme Court lawyers are more meritorius

In a separate letter to Senior Advocate Vikas Singh, the President of the Supreme Court Bar Association, the  Calcutta Bar Association took strong exception to the comments in the SCBA communication that lawyers practicing in the Supreme Court are more meritorious than their colleagues practicing before the High Courts.

"Such hyperbolic assessment of competence of lawyers is not only baseless and absurd but also is a figment of your imagination. The lawyers practising in various High Courts in particular in our High Court at Calcutta are not only equally competent but are also socially responsible, which is an important factor to be a Judge of a democratic society," the Bar Association said in its letter to Singh.

The association, therefore, asked Singh to withdraw his letter.

"Your statement puts all the lawyers practicing in various High Courts in ridicule and is derogatory to the larger sections of the lawyer community. You are requested to withdraw your said letter, which we believe was issued without proper application of mind," the Bar Association said.

Yesterday, the Delhi High Court Bar Association had written to the CJI opposing the SCBA proposal.

Click here to read the letter to the CJI

Click here to read the letter to SCBA President