SCBA sets up committee to select lawyers for Judge post

NEW DELHI:In an unprecedented step that has no legal sanctity, the Supreme Court Bar Association has set up a committee of senior advocates to shortlist deserving lawyers who could be considered by Collegiums in different high courts for recommending their names for appointment as HC Judges.
Since the judiciary usurped the Judge selection process from the executive through two landmark judgments in the 1990s, the selection of HC Judges has become a complicated process - names of eligible lawyers and judicial officers are first considered by the concerned HC collegiums and lists are sent to the Union law ministry, which simultaneously seeks the views of the Governor, the chief minister on the names and also asks the Intelligence Bureau to submit reports on each of the candidates regarding his integrity and reputation at the bar.
After getting the respective views and reports, the law ministry sends the names along with all relevant documents to the Supreme Court Collegium, which scrutinises the names about their suitability for appointment as HC Judges and then recommends names for appointment as Judges, which after approval from PMO goes to the President for issuance of appointment warrants.
SCBA president Vikas Singh informed that the body has set up a search committee comprising himself, and senior advocates Mahalakshmi pavani, Rakesh Dwivedi, Shekhar Naphade, Vijay Hansaria and V Giri. Singh said, the committee will "facilitate the process of elevation by identifying deserving and meritorious Supreme Court lawyers. The HC Collegium may then consider such names along with the lawyers from the HC Bar in order to choose. the most deserving candidates among those available for elevation."
But, the press release has not taken into account strikes called by several high court bar associations many a times to protest against local talents being ignored for appointment as HC Judges and against appointment of lawyers practicing in SC as HC judges.
A senior lawyer told TOI that a search committee by SCBA is a private body which has no legal status in the process of selection of Judges that has been laid down by the two judgments of the Supreme Court. He also said that what if tomorrow the Supreme Court Advocates on Record Association and other lawyers bodies across Delhi set up similar search committees for scouting talents for appointment as Judges of HCs? What prevents the other HC bar associations from setting up similar search committees?
"This will only lead to confusion and provide a ground for disgruntled elements to litigate. If a person shortlisted by such a private search committee is not appointed and another person, considered less meritorious by the bar association, gets appointed, then it could lead to filing of writ petitions challenging such selection by the SC and HC Collegiums. This will lead to chaos," he said. The High Courts, with a sanctioned strength of 1,079 Judges, are at present functioning with only 661 Judges.