Allahabad High Court Bar Association Raises Objections to SC Collegium's Ad-Hoc Judge Proposal
The High Court Bar Association (HCBA) of Allahabad has formally communicated its strong reservations to the President of India regarding a recent proposal by the Supreme Court collegium. The proposal involves appointing five retired judges from the Allahabad High Court on an ad-hoc basis under Article 224-A of the Constitution.
Concerns Over Merit and Confidence in Proposed Appointments
In a representation dated February 5, the HCBA expressed that the names put forward by the collegium "fail to inspire confidence in the ability of the recommended persons to clear the pendency of cases." The association described the collegium's statement as "inexplicable" and noted it has caused consternation among the legal community in Uttar Pradesh.
The HCBA specifically argued that if appointments must be made from retired judges, recent retirees would likely demonstrate better and more effective case disposal records than the five selected individuals. The letter pointed out that a simple internet search reveals a minuscule number of cases decided by at least four of these five judges during their nearly two-year tenures as high court judges.
Constitutional and Procedural Challenges
The bar association asserted that the Supreme Court collegium's invocation of Article 224-A appears to contravene constitutional provisions. According to the HCBA, this article designates the appointment of ad-hoc judges as the domain of the Chief Justice of the High Court, requiring prior consent from the President of India.
"The five choices appear to have been picked out of the blue from amongst a pool of retired judges, unaccompanied by any exercise of choosing the best from the available pool," the representation stated. The HCBA emphasized that vacancies in high courts across various states should instead be filled through the regular appointment process involving eligible lawyers or judicial officers.
Impact on Legal Fraternity and Regular Appointments
The HCBA warned that appointing five retired judges to fill vacancies in the Allahabad High Court would deprive eligible members of the legal fraternity from being appointed to these sensitive constitutional positions. "The post is filled up by a retired High Court judge whose innings in the system is already complete," the letter added, suggesting this approach undermines opportunities for current legal professionals.
The association advocated for making regular appointments to fill judicial vacancies rather than relying on retired judges through Article 224-A. They argued this would be a more wholesome approach to addressing case backlog and maintaining judicial integrity.
The communication was signed by HCBA President Rakesh Pande and Secretary Akhilesh Kumar Sharma, with copies sent to the Union Law Minister and the Chief Justice of India. This development highlights ongoing tensions between different judicial bodies regarding appointment procedures and merit-based selections in India's legal system.
