New Delhi, September 24 (IANS) The President of the Supreme Court Bar Association (SCBA) has written to the Chief Justice of India (CJI) BR Gavai, urging the Memorandum of Procedure (MOP) for judicial appointments for Supreme Court and High Courts to immediately finalize.
In his letter, SCBA President and Senior Advocate Vikas Singh emphasized that “the power assigned demands accountability; self-inspired power also demands more accountability,” saying that the judiciary’s credibility depends on a transparent and qualification-operated appointment process.
The letter underlined that the existing collegium system, although for the protection of judicial freedom, has “unknowingly important challenges” which require “immediate and comprehensive improvement”.
The Chairman of the SCBA pointed out three major concerns. First of all, the Supreme Court bar despite being in touch with national jurisprudence from the idea of height for the Home State High Courts.
“It not only ruins valuable judicial talent, but also reduces the main principle of merit-based selection.”
Second, with frequent low representation of women and diverse communities, data showing women include only 9.5 percent of High Court judges and 2.94 percent in the Supreme Court.
The letter stated, “This is a stunning prosecution of systemic exclusion, where the atrocities of a prescribed meritocracy faces an informal network and a deep dependence on protection,” the letter said.
Third, neglect of briefing counsels and juniors, who contribute significantly to the preparation of the case, but remain invisible in the selection process.
The Chairman of the SCBA said, “It is only to eliminate a flawed understanding of the ability to elevate the visible face, which rather reduces the process for a only spectacle of a show of faces rather than a significant evaluation of merit,” said the chairman of the SCBA.
Citing the Supreme Court’s advocates-on-record association vs. Union of India verdict, Vikas Singh said that the apex court had already made a clear reform, giving an opportunity to revise the Memorandum of Procedure (MOP).
The Chairman of the SCBA proposed a four-point reform scheme: Construction of a permanent secretariat in each court, an application-based transparent process, purpose eligibility criteria, and a strong grievance redressal mechanism.
The letter stated, “The further route does not require re -renovation, but a revival requires,” saying that “the convenience of appointment of judges” must be re -presented to provide legislative assistance for these reforms.
Calling the CJI and the collegium to finalize the MOP, Vikas Singh said: “The height should no longer be the work of closeness or visibility; it should be a reflection of merit, integrity and constitutional allegiance.”
Similar representation, he said, the Union Law Ministry is also being made to ensure a concerted effort from all stakeholders.
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PDS/Red