The Supreme Court Bar Association (SCBA) has written to Chief Justice of India (CJI) B.R. Gavai and Union Law Minister Arjun Ram Meghwal, pressing for the finalisation of the Memorandum of Procedure (MoP) and the creation of a transparent, equitable, and merit-driven framework for appointing judges to the Supreme Court and High Courts.
In a letter dated September 12, SCBA president and senior advocate Vikas Singh flagged what he termed “structural flaws” in the existing collegium system, arguing that prolonged delays in reform were undermining both judicial integrity and public confidence.
“The prevailing collegium mechanism, while designed to preserve judicial independence, has inadvertently created significant challenges. Its structural flaws demand urgent and comprehensive correction,” Singh wrote.
Singh criticised the collegium for arbitrarily overlooking the vast pool of qualified lawyers from the Supreme Court bar for elevation to their respective state High Courts, despite their significant exposure to national jurisprudence. He warned that such exclusions not only waste judicial talent but also erode the principle of merit-based selection.
The SCBA president also highlighted the “troubling” under-representation of women in the judiciary, citing official figures that as of February 2024, women accounted for just 9.5% of judges in the High Courts and a mere 2.94% in the Supreme Court. Singh called this a “glaring indictment of systemic exclusion” perpetuated by informal networks and patronage.
Another issue raised was the marginalisation of briefing lawyers and juniors, who Singh described as the “unseen architects” of litigation. He argued that the current system’s focus on arguing counsels alone perpetuates a flawed understanding of competence.
The SCBA proposed several reforms for inclusion in the MoP. These include:
- Establishing permanent secretariats in every High Court and in the Supreme Court to maintain institutional memory and data on vacancies and candidates.
- Instituting a transparent, application-based system for judicial appointments, replacing the informal and opaque selection process.
- Publishing objective evaluation criteria such as minimum age, years of practice, reported judgments, and pro bono contributions.
Singh stressed that the Supreme Court had already laid down a blueprint for revising the MoP, and warned that further delay in implementing these reforms was “indefensible.”
By pressing for a formal, transparent mechanism, the SCBA seeks to ensure that judicial appointments reflect genuine merit, widen representation, and strengthen public confidence in the judiciary.
