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Synopsis

The Oudh Bar Association has written to Chief Justice of India Justice UU Lalit opposing the request made before the Supreme Court to elevate Advocates practicing at it as High Court Judges.

The letter refers to a recent statement made by Senior Advocate Vikas Singh, who is also the President of SCBA, requesting the Top Court to consider the appointment of Supreme Court Advocates for elevation as Judges of the High Courts arguing that Advocates practicing at Supreme Court are more meritorious than Advocates practicing at High Courts.

In its letter, the Bar Association has stated that such elevation is contrary to the Constitutional mandate provided under Article 217 of the Constitution of India' which provides for appointment and conditions of the office of a Judge of a High Court.

"Thus, any proposal for elevation of Advocates practicing at Supreme Court be considered for elevation for High Court Judge, is not only against the provision of the Constitution of India, as the qualification provided for the office of a High Court Judge is that the Advocate must have practice at High Court but also against the propriety...", the letter reads.

CJI has been further told that the names of many meritorious advocates practicing at the Allahabad High Court for elevation as High Court judge is pending consideration and it is a practical reality that elevation to the Bench is not only the recognition of merit of a person but also a reward of hard work of a lawyer.

"There are several advocates at High Court, who have given their entire life to the profession and truly deserve to be elevated as Judge of the High Court. ln such a situation considering the names of those who have never practised before the High Court will not only demoralize the hard-working advocate but will also raise a doubt on the fairness of the system", the letter adds.

Stating that in today's world the common man is more informed and involved with the functioning of the system, the Bar Association has submitted that "if fairness and transparency in the elevation of the Judges at the High Court are not maintained then we cannot think to imbed the faith in the common man of the society towards judiciary".

Rakesh Kumar Chaudhary, President of the Oudh Bar Association has submitted before the CJI that, "looking at CJI's prompt action to deal with problems revolving around the judiciary, he is sure that CJI will surely take up the issue of judicial appointments and will lead the way for ensuring prompt and proper justice".

Thus, in conclusion, the letter requests that only the Advocates practicing at Allahabad High Court be considered for elevation to the High Court judgeship, and the CJI may kindly not give any assent or consent for the elevation of Advocate practicing at Supreme Court to the office of High Court Judge.