The Karnataka State Bar Council formally written to the Chief Justice of India (CJI) and the Union Law Minister, advocating for the inclusion of local judges in the High Court Collegium. The council emphasized the importance of appointing judges with a deep understanding of regional laws and issues to ensure more effective administration of justice.
Bangalore: In separate letters addressed to Chief Justice of India DY Chandrachud, Prime Minister Narendra Modi, and Law Minister Arun Ram Meghwal, the Karnataka State Bar Council advocated for the inclusion of judges from Karnataka in the High Court Collegium.
The letter, dated September 12 and signed by Bar Council Chairman Vishala Raghu H.L., emphasizes that no judges from the Karnataka High Court are currently part of its Collegium, which could significantly impact the state’s legal landscape.
Presently, the three senior-most judges of the Karnataka High Court, who form its Collegium, have all been transferred from other High Courts. Chief Justice N.V. Anjaria hails from the Gujarat High Court, while Justice V. Kameswar Rao and Justice Anu Sivaraman transferred from the Delhi and Kerala High Courts, respectively.
The letter traces the evolution of Karnataka’s judiciary, noting the appointment of the Board of Commissioners in 1831 and the subsequent elevation of prominent Karnataka High Court judges to the position of Chief Justice of India, such as E.S. Venkataramaiah, M.N. Venkatachalaiah, S. Rajendra Babu, and H.L. Dattu. Despite this rich judicial history, the Bar Council expressed concern over the lack of representation from judges whose parent High Court is Karnataka.
The letter stated,
“While we hold the highest regard for the distinguished judges serving in our High Court from other States, we respectfully express our concern regarding the absence of representation from judges who have roots and a deep understanding of the legal traditions, customs, and nuances specific to the State of Karnataka,”
The Bar Council stressed the value of local judges in the judiciary, citing their deep understanding of Karnataka’s customs, traditions, and legal nuances.
The letter stated,
“Judges whose parent High Court is Karnataka bring with them an intrinsic understanding of the unique legal landscape of the state, informed by years of practice and experience within its jurisdiction,”
It emphasized that this local expertise is crucial for addressing regional legal challenges while aligning with national jurisprudence.
The letter also highlighted the importance of maintaining trust in the judiciary, arguing that appointing local judges would strengthen confidence among the legal community and the public.
The Bar Council noted,
“Their insights are invaluable in maintaining the balance between the diverse legal challenges that arise in the State of Karnataka and the broader jurisprudential framework of our nation,”
It further highlighted that the inclusion of Karnataka-rooted judges in the Collegium would recognize their dedication to the state’s judiciary and their deep understanding of the legal issues affecting its citizens.
While recognizing the complexities involved in judicial appointments, the Bar Council respectfully urged that their concerns be taken into account in future decisions. The Council expressed confidence in the wisdom of the judicial authorities to ensure that the Karnataka High Court continues to represent both the diversity and unity of India’s judicial system.
The letter stated,
“We are aware of the complexities involved in judicial appointments and the multitude of factors that the Collegium considers. However, we respectfully urge that this aspect be given due consideration in the ongoing and future appointments to the High Court of Karnataka,”
The Council placed its trust in the discretion of the authorities to address their concerns, advocating for the inclusion of judges whose parent High Court is Karnataka.
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Expressing gratitude for the attention to their submission and hope for a favorable consideration, the letter added
“We trust in your office’s wisdom to take steps that would address this concern, ensuring that the High Court of Karnataka continues to reflect both the diversity and unity of our judicial system. Regional judges possess a deep understanding of practical issues rooted in the state,”