SCBA forms 'search committee' for elevation of lawyers from top court as HC judges

The lawyers' body of the top court has formed a "search committee" to identify deserving and meritorious advocates, practising in the Supreme Court, for their elevation as judges in the High Courts across the country.

Following a request made by Supreme Court Bar Association on May 31, the Chief Justice of India has agreed and requested the Chief Justices of the High Courts to consider lawyers practising in the Supreme Court for elevation to their High Courts, a statement from Bar president Vikas Singh said.

The committee, formed for the purpose, comprised SCBA president, Vice President Pradeep Kumar Rai and senior member Mahalakshmi Pavani and four eminent members of the Bar namely Rakesh Dwivedi, Shekhar Naphade, Vijay Hansaria and V Giri. This would help the High Court Collegium in considering the names along with the lawyers from the High Court Bar in order to choose the most deserving candidates amongst those available for elevation, it said.

"Elevation of the lawyers practising in the Hon’ble Supreme Court of India has always been a concern of the Supreme Court Bar Association (SCBA)," it said, adding, as the advocates practising in the top court, despite being professionally more meritorious than their colleagues at the High Court, lose the opportunity for being considered for appointment as judges.

Despite having vast experience and exposure in dealing with all kinds of issues relating to civil, criminal, constitutional, commercial law, etc, the lawyers practising in the Supreme Court are rarely considered for elevation by the High Court collegium as they do not regularly practice before the High Court, it said.

The SCBA also suggested putting in place "a transparent mechanism" in order to institutionalise the appointment of judges which will also help in filling up of large number of vacancies in the High Courts.

It also stressed that there were a large number of women advocates practising in the Supreme Court who are to be considered for elevation and the High Courts do not recommend lady advocates on the plea that there are not enough lady lawyers fit for elevation.