BCI pushes for Bar representation in collegium system; Wants collegium to to have one nominee from Bar Associations

Speaking out against “excessive” governmental interference in the system of appointing judges, the Bar Council of India (BCI) has opposed the provisions of the National Judicial Appointment Commission Bill. At a meeting held on Saturday, the heads of State Bar Councils and the BCI unanimously agreed that the existing provisions of the Bill reflected excessive governmental interference.

At present, judges of the higher judiciary (High Court and Supreme Court) are selected via a collegium of senior judges and led by the court’s Chief Justice. The Bill has proposed that the collegium ought to include, inter alia, the Law Minister and the Leader of Opposition.

Opposing this provision, BCI Chairman Manan Kumar Mishra said that, “The government should not have direct or indirect interference in appointments.” He also said that such proposals would serve little purpose. “What will the Opposition leader know about an Andhra vakil (lawyer) or a Himachal vakil?” he asked. Stating the BCI is not against a change in the appointment process, as long as the “change is for the better”.

As per Mishra, the BCI will push for one representative of the Supreme Court Bar Association in the collegium of the Supreme Court, and a similar mechanism in the High Courts. This is a point he first raised in June this year, when he suggested that the BCI be given the names of lawyers who are being considered for elevation. This, Mishra argues, is only fair given that two-thirds of the higher judiciary is from the Bar and furthermore, such a move would make judicial appointments far more transparent. The BCI has also proposed one nominee of the BCI to be placed in an Advisory Committee for the Supreme Court, and a similar nominee from the State Bar Councils at the High Court level.

The collegium system has faced increasing criticism over the past few months, with allegations that it has led to a steady deterioration in the standards of the judiciary. Last week, former Attorney General Soli Sorabjee admitted that the collegium system is “partly responsible” for the declining standards of the judiciary.