Advocates Association, Bangalore asks CJI NV Ramana to consider appointment of Karnataka High Court lawyers as judges of Supreme Court

The Advocates Association, Bangalore (AAB) has written to Chief Justice of India, Justice NV Ramana to consider the elevation of lawyers from the Karnataka Bar directly as judges of the Supreme Court..The letter by the President of AAB, AP Ranganatha came after the Supreme Court Bar Association on June 8 claimed that CJI Ramana had agreed to the proposal by the SCBA to consider advocates practicing before the Supreme Court for elevation as judges of High Courts.CJI Ramana's office though had denied acceding to the proposal. .The letter by the President of AAB, AP Ranganatha stated that as per the Constitutional mandate under Article 124 and various judgments of the Supreme Court, members of the Bar practicing in various High Courts of the country are entitled to be considered for appointment as judges of the Supreme Court.“This is a matter, which is perhaps, lost sight of by the Supreme Court so far," the letter said. Drawing from personal experience, Ranganatha said that there are many advocates, practicing before the Karnataka High Court as well as other High Courts, who possess requisite eligibility, exemplary legal acumen, integrity and temperament to be elevated as judges of the Supreme Court.“These highly qualified and distinguished lawyers have lost an opportunity from being considered to be elevated as Judges of the Hon’ble Supreme Court although Constitutional provisions provide for such consideration. The lawyers from the High Court having vast experience in every field of law, having distinguished themselves with their ability, contribution to the development of law, and impeccable services as officers of the Court, ought to be considered to be elevated as Judges of the Hon’ble Supreme Court,” he urged. He, therefore, requested the CJI to take into consideration the Constitutional provision and consider members of the Bar practicing before the Karnataka High Court for elevation to the Supreme Court. However, he also said that there is no Constitutional mandate providing for appointment of Supreme Court lawyers as High Court judges as proposed by SCBA. In this regard, he highlighted Article 217 of the Constitution as per which only a lawyer who has ten years practice before a High Court or two or more High Court in succession is qualified for appointment as High Court judge. The prerogative to appoint or recommend the appointment of judges to the High Court is vested in the Chief Justice of the High Court after consultation with the senior-most Judges of the High Court who form part of the Collegium, he further said.“Therefore, in what context and how there could be a possibility to appoint members of the Supreme Court Bar as Judges of the High Court although they are not practicing in that High Court, is something that one cannot comprehend under the present scheme of things, as laid down by the mandate of the Constitution and the judgments of the Hon’ble Supreme Court. Perhaps it is impermissible in law, as stated above, to make such appointments. This is something for the valuable consideration of your Lordship,” the letter said. .[Read Letter]