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What is the case

  • NV Ramana, the Chief Justice of India, has agreed to consider the Supreme Court Bar Association's plea to explore promoting Supreme Court lawyers to High Court Judges. The development comes in response to a suggestion made by the Supreme Court Bar Association.
  • The SCBA argued before the CJI that, despite having extensive experience and exposure in dealing with a wide range of issues relating to civil, criminal, constitutional, and commercial law, lawyers practising in the Supreme Court are rarely considered for elevation by the High Court Collegium because they do not regularly practise before the High Court and are therefore more professionally meritorious than lawyers practising in the lower courts.

Details of the case

  • SCBA President Vikas Singh, SCBA Vice President and Senior Member Mahalakshmi Pavani, and four distinguished members of the Bar, Rakesh Dwivedi, Shekhar Naphade, Vijay Hansaria, and V Giri, make up this committee.
  • "Friends, I firmly think that any lawyer practising in India is an Indian citizen who, regardless of where he or she practises, should be favourably assessed for advancement only on the basis of merit. We are hopeful that, in light of the significant number of vacancies in the High Courts, immediate action will be done "On the occasion, SCBA President Vikas Singh said.

Court’s Observation

  • "The undersigned is pleased to inform you that the Hon’ble CJI has agreed to the SCBA's request and has requested the Chief Justices of the High Courts to consider lawyers practising in the Supreme Court for elevation to their High Courts," the SCBA Executive Committee said in a communication to its members.
  • As a result, the SCBA Executive Committee has formed a "Search Committee" to help with the elevation process by selecting deserving and talented Supreme Court practitioners. The High Court Collegium, along with lawyers from the High Court Bar, may then review such names in order to select the most meritorious candidate among those up for elevation.

Judiciary Examinations

  • The Public Service Commission of each state administers lower judiciary exams to law graduates. To apply for a higher level judiciary exam in India, however, the applicant must have at least seven years of experience as a member of the Bar Council of India (BCI).
  • Due to changes in state laws, each state's exam pattern varies. Multiple-choice questions are included in the preliminary level test. The mains level exam question paper, on the other hand, has descriptive style questions.
  • Applicants who pass the lower level judiciary tests are assigned to positions such as District Magistrate, Additional District Magistrate, ‘munsiff,' or District Court Judge.
  • For admission to the HJS, applicants must take a competitive test with a syllabus that is different for every state. The benefit of this option is that if it is chosen, the applicant will be assigned as an additional district judge, which will greatly speed up his or her promotion prospects.

What do you think about the case?

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Basant Khyati Online
10 June 2021    37  Report


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