"No dearth of talented, competent, meritorious lawyers in High Courts:" DHCBA writes to CJI NV Ramana against SCBA proposal

The Delhi High Court Bar Association (DHCBA) has written to the Chief Justice of India, NV Ramana raising objection to Supreme Court Bar Association's request on elevation of Supreme Court lawyers as High Court judges..In its letter dated June 11, DHCBA urged withdrawal of any directives issued by the Chief Justice regarding elevation in manner proposed by SCBA..[UPDATE] SCBA claims CJI NV Ramana agreed to proposal to elevate Supreme Court lawyers as High Court judges; Not confirmed by CJI office.The DHCBA expressed its disapproval of the comment made by the President of the SCBA stating that lawyers practicing in the Apex Court are more meritorious than their colleagues practicing before the High Courts..The letter also took a strong stance against the comments made by the SCBA and the perception that lawyers practicing in the Supreme Court are more capable than those practicing before various High Courts. .“It is a disturbing and matter of grave concern to have lawyers practicing in the Supreme Court alone be considered a separate class of Advocates to be considered for such distinction. There is no dearth of talented, competent and meritorious lawyers practicing in all the High Courts in the country and in the Courts subordinate to the High Courts,” it said. .There is no dearth of talented, competent and meritorious lawyers practicing in all the High Courts in the country and in the Courts subordinate to the High Courts.DHCBA.The DHCBA pointed out that the High Courts’ collegium recommends candidates for elevation based on qualities that are observed during lawyers’ regular appearances before the concerned High Court. .Therefore, making recommendations without assessment by the High Court collegium itself will be unfair and will also damage the autonomy of the decentralised process of elevation followed by the High Court collegium..The letter particularly critiqued the differentiation being drawn between lawyers practicing at different forums and argues that this disparity will lead to an unhealthy environment. .“The attempt to create a distinct class of lawyers practicing before the Hon’ble Supreme Court for being considered for elevation as Judge of the Hon’ble High Court is not only unfair, arbitrary and discriminatory but is likely to create a resentment amongst a large number of lawyers in the High Courts. This will lead to disgruntlement and demoralisation of a large section of the Bar,” it stated. .“The attempt to create a distinct class of lawyers practicing before the Hon’ble Supreme Court for being considered for elevation as Judge of the Hon’ble High Court is not only unfair, arbitrary and discriminatory.DHCBA.Recently, a Karnataka based lawyer had also taken strong objection to the comment by the SCBA President who said that Supreme Court lawyers are more "meritorious" than High Court lawyers..Karnataka lawyer asks SCBA President Vikas Singh to withdraw comment on Supreme Court lawyers being more "meritorious" than High Court lawyers.The SCBA had, through a communication dated June 8, 2021, claimed that CJI Ramana agreed to a request by them to consider elevating Supreme Court lawyers as High Court judges..The office of CJI, however, did not confirm the same but stated that it has received a proposal from the SCBA on the issue..The SCBA has also constituted a search committee in pursuance of identifying meritorious lawyers to be considered for elevation by the High Court collegium..[Read the letter here].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.