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All India Lawyers Union (AILU) has written to the Hon’ble Chief Justice expressing reservations on the decision of elevating Supreme Court lawyers as Judges of the High Courts, stating that this would cause “negative consequences impacting independence of judiciary and its transparency”

It its letter dated June 8, 2021, Supreme Court Bar Association (SCBA) released a press note as per which the Hon’ble Chief Justice has agreed to the recommendation of considering lawyers practising in the Supreme Court, for elevation to their High Courts.

A Search Committee comprising of Vice President and Senior Members of the Bar, namely, Mrs. Mahalakshmi Pavani, Mr. Rakesh Dwivedi, Mr. Shekhar Naphade, Mr. Vijay Hansaria and Mr. V Giri has been constituted by the SCBA, to facilitate the process of elevation by identifying deserving and meritorious Supreme Court practitioners.

AILU writes that such decision by the Top Court may result in substitution of the opinion of High Court Collegium by that of the Supreme Court Collegium, in violation of Article 217 of the Constitution.

“It militates against the federal principles, the autonomy of the High Courts and the Constitutional norms, in this regard”, the letter states.

It is further added that institutionalizing such appointments by means of a search committee would further lead to unhealthy and disastrous consequences.

“We, as responsible organization of lawyers concerned with independent and accountable judiciary and strong Bar, respectfully appeal that this sort of seminal issues may not be decided without affording sufficient opportunity for a thorough democratic and informed debate among all the stakeholders including the Bar Associations of the High Courts”, adds the letter.

Request has been made to the Hon’ble Chief Justice, to reject the proposal by SCBA and withdraw instructions, if any, given to the Hon’ble Chief Justices of the High Courts.

The said letter is signed and authorized in the name of the General Secretary AILU, PV Surendranath and has been forwarded to the Ministry of Law and Justice.