No Bar in Elevation of Lawyers Practicing at Supreme Court as Judges of High Court: SC

On Thursday, a three-Judge Bench of the Supreme Court orally remarked that there is no bar in considering lawyers who practice in the Supreme Court for High Court judgeship.

The abovementioned remark was made when the Bench was hearing cases related to judicial appointments.

President of SCBA Senior Counsel Vikas Singh submitted that the High Court Collegium was not considering Supreme Court Advocates’ names for elevation to the judgeship.

However, the Supreme Court disagreed with the submission and pointed out many instances where Supreme Court lawyers were elevated.

CJI Bobde added that the Bench also recommends lawyers who practice before them.

However, Singh replied that such an act was the exception and not the norm and urged the Bench to mention that there is no such bar in the instant order. Even though the Bench agreed that there was no bar, they were not inclined to pass the order.

CJI Bobde remarked that some bar associations refer to some such people as outsiders.

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Singh replied that if there is some reference or judicial order, it would help and added that why should the system lose good names.

The Bench agreed with the sentiment and stated that the only consideration was whether they should include it in the order.

Lastly, the Court opined that the Law Ministry should respond to the Collegium recommendations in a time-bound manner and sought a response from the Attorney General regarding the time needed for clearing 55 recommendations that were pending.

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