SCBA President Vikas Singh Urges High Court Chief Justices To Consider Supreme Court Lawyers For Elevation

Senior Advocate, Mr. Vikas Singh, the President of SCBA delivered his speech which focused on the issue of appointment of Judges to the High Courts, particularly emphasising on elevation of advocates practicing before the Supreme Court.

He stated that the collegium which has assumed the responsibility to appoint Judges should expand their scope of search. There are several advocates who are not practicing before the concerned Courts, but are nonetheless meritorious. Mr. Singh reckoned that the collegium should look out for all such eligible candidates.

"...when you assume this authority of power to appoint judges it comes with a huge amount of responsibility and it is not to look for names that appear in front of you. It is to look for names wherever they are - in High Courts, in Trial Courts, law firms, working in criminal matters, income tax matters, they may not be before the judges at all."

He apprised all present that with the encouragement from the Chief Justice of India, a Search Committee has been constituted by SCBA which has recommended names of Advocates practising in the Supreme Court for consideration for elevation as High Court judges. He clarified that the Committee only recommended names which were decided unanimously and the names were merely for consideration and not appointment.

He opined that this initiative to widen the search for eligible candidates should have been undertaken by the Chief Justices of the High Courts.

"My feeling is that why do we have to constitute a search committee at all. Why don't the Chief Justice of High Courts constitute their own Search Committees and find out from their own sources. That exercise has to be done."

He also urged the High Court Chief Justices to consider elevating advocates practicing before the Supreme Court.

"I feel it is your responsibility to look at names practicing in the Supreme Court."

Remembering his Senior, Mr. L.R. Singh, he stated, that he was a brilliant lawyer and would have made a remarkable judge, but he was never asked. Mr. Singh also talked about how advocates when approached refuse to be elevated, the primary consideration being monetary. But, noted that it is crucial for advocates to give back to the system.

He expressed concern that if the quality of the judges do not improve it would not send out the right message and therefore, impelled the Chief Justice of India to consider the names as recommended by the Committee.

"If the quality of the judges do not improve I believe we as a democracy will be giving a wrong signal to the word which is not desirable., I would beseech the CJI to consider the names."

Mr. Singh also noted that in several High Courts, the collegium does not find enough women candidates for elevation. He insisted that lady advocates practicing before the Supreme Court should be considered for elevation.

He beseeched the Chief Justices to discuss the issue of appointment of Judges in their meeting scheduled for 30.04.2022.

Last year, Mr.Singh had written to the CJI urging him to consider meritorious lawyers practicing in the Supreme Court for elevation to High Courts. Later, the Supreme Court Bar Association constituted a committee to identify meritorious Supreme Court lawyers for High Courts. In August 2021, the Committee finalized the names of 48 Supreme Court lawyers.