KHCAA Expresses Concern Over Suggestion Made By Scba To Elevate SC Lawyers To High Court Judges

What is the issue

• In a letter addressed to the Chief Justice of India, The Kerala High Court Advocate's Association (KHCAA) expressed their extreme grief and disappointment on developments regarding the recent resolutions made by the CJI based on some never heard of suggestions.
• The issue arose after the Supreme Court Bar Association (SCBA) submitted a letter to the Chief Justice of India demanding an "institutionalized mechanism" be placed so that the Supreme Court lawyers can get themselves inducted as High Court Judges.
• The KHCAA stated that the resolution suggested by SCBA and SCAORA openly challenges Article 217 of the Constitution of India and also the laws laid down in the 3 Judges and NJAC cases. The statements made by the media claiming that such a request has been accepted by the CJI have shocked the entire legal fraternity.

Observations of KHCAA

• The association representing all 8341 lawyers practicing before the Kerala High Court, mentioned in the letter that the legal fraternity across the country was dissatisfied by the said suggestions, which can be noted from the responses submitted by several High Court Bar Associations and Lawyers Organizations.
• The letter conveyed grave concern and disappointment over the SCBA's observation that reason behind the failure to induct more lady lawyers as judges in the High Courts was only because of lack of 'enough lady lawyers fit for elevation'.
• While the KHCAA agreed that there was insufficient female representation in the High Court judiciary, it held it was not due to the erroneous reason as stated by the SCBA but this was reportedly due to the myopic approach adopted in the selection of women lawyers as Judges and a deficiency in the system.
• In its representation, SCBA claims that better lawyers’ men or women can only be found from the Supreme Court bar and not from High Court bar which is patently mischievous according to KHCAA.
• The KHCAA stated that given the outstanding legacy of the Supreme Court in upholding justice and fairness in the country, the approach taken by this Court in the present matter was found questionable. The letter requested CJI to dispense the SCBA's suggestion of resorting to adopting a shortcut method of appointing judges by establishing a 'search committee which is to be appointed by the SCBA instead of the present system of selection of judges to the High Courts.

What are your thoughts on this issue?