SCBA writes to CJI, Law Minister for reforms in judicial appointment process

The Supreme Court Bar Association (SCBA) has written to Chief Justice of India (CJI) BR Gavai and Union Law Minister Arjun Ram Meghwal seeking urgent reforms in the judicial appointment process.

In a letter dated September 12, SCBA President Vikas Singh said that finalisation of the Memorandum of Procedure (MoP) governing appointment of judges to High Courts and the Supreme Court cannot not be delayed any further.

He pressed for a “transparent, merit-driven, and equitable framework” to govern appointment of judges to the higher judiciary.

“Entrusted power demands accountability; self-assumed power demands even greater accountability. As the ultimate protector of constitutional liberties, the judiciary must be bold, fearless, and uncompromisingly independent. Such a judiciary, however, cannot emerge unless the process of its own elevation is rooted in transparency and merit,” Singh wrote.

He criticised the existing Collegium system for sidelining deserving talent. Its structural flaws demand urgent and comprehensive correction, Singh said.

In this regard, he flagged the following concerns about the existing system:

1. Ignoring of the vast talent pool within the Supreme Court Bar for elevation;

2. A troubling under-representation of women and those from diverse backgrounds;

3. Ignoring briefing lawyers and juniors - the unseen architects of courtroom success who possess strong analytical skills and do the foundational preparation.

Citing official figures, Singh pointed out that as of February 2024, women constituted merely 9.5% of the sanctioned strength in High Courts and a stark 2.94% in the Supreme Court.

He described this as ”a glaring indictment of systemic exclusion, where the tyranny of a presumed meritocracy masks a deeper reliance on informal networks and patronage.”

On the role of briefing lawyers, Singh said:

“To elevate only the visible face is to perpetuate a flawed understanding of competence, reducing the process to a mere spectacle of a show of faces rather than a substantive evaluation of merit.”

The communications drew reference to the Constitution Bench ruling in Supreme Court Advocates-on-Record Assn. v. Union of India (2016) 5 SCC 1. Singh said the Court had already provided a reform blueprint and given the chance to revise the MoP.

To address the situation, SCBA suggested the following:

1. Establishment of permanent Secretariats in each High Court and the Supreme Court to maintain records and vacancies,

2. Introduction of a transparent application-based process,

3. Publication of objective eligibility criteria such as age, practice years, reported judgments and pro bono work, and

4. Creation of a grievance redressal mechanism.

In his letter to the Law Minister, Singh also referred to proposed Facilitation of Appointment of Judges Act, which was discussed in parliament but never implemented. He urged that it be revived, refined and adopted without delay.

“This framework is not a radical overhaul but a necessary institutional support system designed to strengthen, not supplant, the Collegium. Elevation must no longer be a function of proximity or visibility; it must be a reflection of merit, integrity, and constitutional fidelity,” Singh said.

The letters were also marked to other judges of the Supreme Court Collegium - Justices Surya Kant, Vikram Nath, JK Maheshwari and BV Nagarathna.