SCBA proposal legally untenable: Kerala High Court Advocates Assn writes to CJI on proposal to elevate Supreme Court lawyers as High Court judges

The Kerala High Court Advocates' Association (KHCAA) wrote separately to Chief Justice of India (CJI) NV Ramana and the Supreme Court Bar Association(SCBA), expressing its disappointment and disapproval of the recent proposal by the Supreme Court Bar Association (SCBA) to consider Supreme Court lawyers for elevation as High Court judges..In a resolution passed unanimously by its Executive Committee, the KHCAA requested the SCBA to withdraw from any attempt to raise "any legally untenable claims on the basis of clannish feelings and create divisive tendencies unbecoming of members of the legal fraternity". The Bar body also requested the CJI not to entertain any such attempts and issue orders for the same..In its letter to the CJI, KHCAA strongly decried the proposals of the SCBA stating that the proposals are an open challenge to the mandate of Article 217 of the Constitution of India and the law laid down by the Supreme Court in the 1st, 2nd and 3rd Judges cases and the NJAC case..In this letter KHCAA also critiqued the SCBA's observation that lady lawyers and are not being considered by the High Courts only because "there are not enough lady lawyers fit for elevation". This is a fallacious observation, the letter stated while going to state that that the lack of women being elevated to High Court is not due to a lack of competent women lawyers in the High courts but because of the deficiency in the system that adopts a "myopic approach in the matter of selection of women lawyers as judges".Therefore, KHCAA requested the CJI to refrain from endorsing the requests made by the SCBA and SCAORA. .The KHCAA also took objection to SCBA President, Vikas Singh's comment that Supreme Court lawyers are more meritorious than those practicing before High Courts."We do recognise the merit of lawyers on the basis of performance, stature, character, integrity, knowledge and a lot more other virtues, but not on the basis of the comparative importance of the forum where they practice," the KHCAA said.SCBA, the KHCAA resolution stated, seems to have unfortunately lost sight of this important aspect and in light of that, they urged caution and requested the SCBA to refrain from pursuing the "legally untenable" request made to the CJI..A few weeks ago, SCBA President had written to CJI NV Ramana reiterating the request for considering lawyers practicing in the Supreme Court for elevation as High Court judges stating that supreme court lawyers have vast experience and better exposure in dealing with all manner of issues but are rarely considered by High Court Collegiums as they do not regularly practice before the High Courts. .[UPDATE] SCBA claims CJI NV Ramana agreed to proposal to elevate Supreme Court lawyers as High Court judges; Not confirmed by CJI office. Soon after, SCBA had claimed through a communication sent to its members that the CJI "has agreed" to its request and accepted their proposal.The CJI office had later denied the development while stating that the proposal was only under consideration..Lawyers and Bar Associations across the country including Karnataka, Delhi, Calcutta, Rajasthan, Andhra Pradesh have publicly expressed their opposition to these proposals and several of them wrote to the CJI and SCBA regarding the same.They also took objection to Singh's comment that Supreme Court lawyers are more meritorious than their High Court counterparts. ."No intention to cast aspersion on High Court lawyers:" SCBA President Vikas Singh clears the air.SCBA President Singh later responded to the missives sent by various associations, clarifying that there was no intention to cast any aspersions on the competence of High Court lawyers.