Delhi Bar Associations write to the Chief Justice, raising concerns over adverse remarks and rising judicial transfers, and questioning why local talent is being ignored in High Court elevations.
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NEW DELHI: Recently, the Coordination Committee of All District Courts Bar Associations of Delhi has written to the Chief Justice of Delhi High Court, raising serious concerns regarding two critical issues affecting the judicial system:
- Adverse remarks in the service records of judicial officers often surfacing late in their careers, without transparency or substantiation.
- The growing number of judicial transfers to the Delhi High Court from other states, a trend that local lawyers argue sidelines deserving members of the Delhi Bar and judicial service.
1. Adverse Remarks in Judicial Careers: A Call for Fairness and Accountability:
It has come to the attention of the legal fraternity that judicial officers, highly regarded for their integrity, impartiality, and competence, have sometimes had adverse service remarks or intelligence reports recorded against them.
These remarks, often made without adequate substantiation, can block their elevation to the High Court, even while they continue to serve with distinction.
Why This Is Problematic:
- If the adverse reports point to serious misconduct or financial impropriety, immediate action and inquiry should follow.
- But if these reports are baseless or motivated, they unfairly damage careers and cast unwarranted shadows on the judiciary.
- The lack of transparency in recording and verifying these remarks creates a climate of speculation, injustice, and low morale among judicial officers.
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2. Judicial Transfers: Striking a Balance Between Constitutional Mandate and Local Representation:
The Delhi High Court is one of the most prestigious courts in India, supported by a vibrant Bar and a capable judicial service. Yet, members of the Delhi legal fraternity are concerned about the frequent transfer of judges from other High Courts to Delhi, without proportionate recognition of local advocates and officers for elevation.
Key Concerns Raised:
- Erosion of Seniority and Morale: Frequent external appointments affect the internal hierarchy and may demotivate those patiently awaiting elevation.
- Denial of Legitimate Expectations: Advocates who have served the Delhi Bar for decades find themselves overlooked despite being fully eligible.
- Perceived Lack of Inclusivity: The sidelining of local advocates and judicial officers undermines the inclusiveness of the judicial appointment process.
Suggested Approach
While transfers under Article 222 of the Constitution are sometimes necessary to protect judicial independence, there must also be a balance of equity, transparency, and representation. Deserving local candidates, both from the Bar and judicial service, must be given due consideration.
It is stated that,
“While we recognize the necessity of transfer policies in safeguarding institutional integrity, the principles of equity, transparency, and representativeness must also be harmonised. A just and proportionate balance must be struck between fulfilling the constitutional mandate and recognising local merit and aspirations.”
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A Humble Appeal
The Coordination Committee has respectfully urged the Hon’ble authorities to:
- Formulate a transparent and accountable mechanism for adverse service remarks.
- Ensure that unfounded reports do not unjustly hinder the careers of upright judicial officers.
- Reconsider the approach to judicial transfers and appointments, giving due recognition to the talent and merit within Delhi’s legal community.
This appeal is not a criticism of constitutional processes but a constructive engagement aimed at strengthening judicial integrity and inclusiveness.
“We reiterate our absolute and unwavering respect for the constitutional processes governing judicial appointments and transfers. Our representation is made solely in the spirit of constructive engagement and institutional enhancement. We are confident that under your Lordship’s sagacious leadership, these concerns will receive the attention they deserve.”
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