KHCAA Writes To CJI Expressing Concerns Over SCBA's Suggestions To Elevate SC Lawyers As HC Judges

This comes after the Supreme Court Bar Association submitted a representation dated 31^st May 2021 to the CJI suggesting that an "institutionalized mechanism" be placed to materialize the desire of the Supreme Court Advocate on Record Association (SCAORA) to get themselves inducted as High Court Judges.

The resolution by SCBA and SCAORA clearly challenged Art. 217 of the Constitution and the law laid down in the Three Judges and NJAC cases. Media statements claiming that such request has been accepted by the CJI has shocked the entire legal fraternity. The letter expressed strong disapproval of suggestions from the SCBA, and sought the CJI to withdraw any instructions endorsing such requests, if any.

While representing all 8341 lawyers practicing before the Kerala High Court, the KHCAA mentioned in the letter that the legal fraternity across the country was dissatisfied by the said suggestions, which can be implied from the responses submitted by several High Court Bar Associations and Lawyers Organizations.

The letter also conveyed grave disappointment over the SCBA's observation that reason behind the failure to induct more lady lawyers as judges in the High Courts was due to lack of 'enough lady lawyers fit for elevation'.

While insufficient female representation in the High Court judiciary was admitted, this was reportedly due to the myopic approach and a deficiency in the system as compared to the accusations made by the SCBA. Therefore, SCBA had ignored the comparative competence of women as judges with their male counterparts.

In its representation, SCBA claims that certain class of lawyers are meritorious than others in the country which is patently mischievous according to KHCAA. The letter seeks an impartial assessment of this claim, since acceptance of such a claim is equivalent to uprooting the existing system prevalent for selection of judges. This will be a 'brutal challenge against the Rule of Law and the office of CJI,' the letter reads.

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 initiate immediate steps to dispense the SCBA's suggestion of resorting to a 'search committee' instead of the present system of selection of judges to the High Courts.

The letter concluded soliciting urgent orders in this regard from the CJI.