Collegium should not revisit its decisions without “very strong reasons”, SCBA

The Executive Committee of Supreme Court Bar Association (SCBA), in a recent meeting, has expressed its concern over the decision of the Supreme Court Collegium to revisit its resolution of December 12, 2018 regarding elevation of Justices Pradeep Nandrajog and Rajendra Menon to the Supreme Court.In a meeting convened on January 22, the Executive Committee deliberated upon the recent developments regarding elevation of judges to the Supreme Court and the recent controversy that broke out regarding seniority of elevated judges..The Committee, without specifying any names, “has expressed its serious concern” over the Collegium’s decision stating that the resolution should not have been revisited..In a circular issued by the Committee following its meeting, it has stated that the Collegium should not revisit its decisions without very strong reasons. It also states that inter-se seniority of High Court Judges should not have been overlooked during elevation to the Supreme Court..“Decision taken by a Collegium of the Supreme Court ought not to be re-visited without there being very strong reasons. Further, the Executive Committee is also of the view that the inter-se-seniority of the High Court Judges, ordinarily should not have been ignored in the matter of their elevation to Supreme Court (sic)”.The members also held the view that the issue of elevation of members of the SCBA as judges of High Courts needs to be pressed. The Committee resolved to take up this issue with the Chief Justice of India Ranjan Gogoi and other judges of the Supreme Court..Additionally, the Committee also decided to take up this issue across various other forums including the President of India Ram Nath Kovind, Prime Minister Narendra Modi and the Law Minister Ravi Shankar Prasad..Read the resolution below.