"Against Constitutional Provisions And Federal Principle" AILU Objects To Reported Move For Elevation Of SC Lawyers As HC Judges

The All India Lawyers Union has expressed its protest against the reported move for elevation of Advocates practicing in Supreme Court as judges of High Courts while also expressing its hope that CJI Ramana would withdraw from such move.

AILU has expressed its concern towards the reported statement of Supreme Court Bar Association (SCBA) that CJI has agreed to the SCBA's request to consider elevation of Supreme Court lawyers as judges of High Courts. It has further also objected to SCBA President's statement saying that the lawyers practicing in the Supreme Court are more meritorious than their colleagues at High Court.

"This is not only against constitutional provisions & federal principles but also highly derogatory to advocates practicing in High Courts." AILU's statement has said.

Calling the proposal unhealthy and unconstitutional, AILU has also emphasised on formation of an independent National Judicial Commission with Constitutional status, with comprehensive powers for selection –appointment, transfer and inquiry into misdemeanours of Judges of the Constitutional Courts and, for protection and development of independence of Judiciary and its transparency.

According to AILU, the move would not only have far reaching negative consequences impacting independence of Judiciary and its transparency, but would also lead to substitution of the opinion of the High Court collegium by that of the Supreme Court collegium in violation of Article 217 of the Constitution.

The statement issued by AILU's President & Member of Parliament Mr Bikas Ranjan Bhattacharya, and General Secretary Mr P.V. Surendranath has also stated that considering practice before the Supreme Court alone would be violative of the Constitution as experience and practice before High Courts with respect to the matters coming under High Court jurisdiction is very much necessary for elevation of an advocate as a High Court judge

AILU has stated that the Supreme Court collegium cannot propose or recommend any name for elevation, and it can only can only approve or conform the recommendation or reject and send it back to the High court collegium. Further, it has argued that the Supreme Court Bar Association (SCBA) has no right or authority to submit a select list to the CJI or the CJ of the High Court concerned.