The Apex Court orally remarked that there stands no bar in taking into consideration Supreme Court lawyers’ for the High Court judgeship.
The bench which made this oral remark comprised of Chief Justice of India and was hearing a matter related to judicial appointments.
The prima facie matter which the bench was hearing was for the case PLR Projects Ltd. v Mahanadi Coalfields Pvt Ltd., wherein the bench is considering the issue related to vacancies in High Courts.
The President of Supreme Court Bar Association, Senior Advocate Vikas Singh, putforth before the bench that the High Court collegiums are not taking up Supreme Court lawyers’ names for the post of High Court judge.
However, the bench denied this submission of SCBA President and stated that they themselves have recommended the names of SC lawyers’ and the High Court collegium have considered the same. The bench also cited examples of High Court of Punjab & Haryana, High Court of Madras etc. which have considered SC lawyers’ for High Court judgeship.
The President of SCBA requested the bench to make such an observation in one of its order, however, the bench disagreed on the ground that since there is no such bar, and it would not pass an order to that effect.