Bar Council Of Tamil Nadu And Puducherry Write To SC Collegium For Inclusive Representation While Appointing Madras HC Judges

It must be noted that Madras High Court is currently working with a strength of 66 judges against the sanctioned strength of 75 judges. With a few senior judges attaining superannuation this year, a large vacancy is expected prompting the Bar Council to voice its concerns to the collegium.

The letter signed by PS Amalraj, Chairman and Senior Advocate S Prabhakaran and V Karyhikeyan, Vice Chairmen of the council requested the collegium take into consideration all the eligible and suitable aspirants for elevation as the Judges and to include all sections of advocates from different sects of society, to maintain an essential balance.

The letter adds that in a democratic setup like India, it is important that all sections of society irrespective of their caste, creed and religion are eligible and suitable for the appointment/elevation and they have right to be considered if they satisfy the necessary eligibility criteria enshrined under the Constitution.

Citing the ruling of the Supreme Court in Registrar General, High Court of Madras v. R.Gandhi and others, the letter highlighted that in the case, though the Supreme Court had refrained from judicial review, it had highlighted that during the course of appointment, there could not be any exclusivity from any isolated group or from any pre-dominated group and diversity should be maintained in the appointments by making judicial appointments considering the individuals legal acumen coupled with qualitative personality as guiding factors.

Thus, through the letter, the bar council requested the collegium to consider the names of candidates from different sections of the society including minorities and to ensure socio-economic justice and social diversity in the Higher Judiciary.