NEW DELHI: The Bar Council of India (BCI) has proposed to have in place a system wherein judges are transferred from their home state within one month of their elevation to the bench. This is expected to bring more transparency in the appointment and transfer of judges in the higher judiciary under the collegium system.
“BCI is of the clear opinion that there should be a uniform policy of transfer High Court judges. Within one month of their elevation/appointments, the judges should be transferred to some other state and no judge should be allowed to remain a judge in his home state, in the interest of fair-play and justice,” council’s chairman Manan Kumar Mishra said.
He has written a letter appealing to the legal fraternity to get behind the institution. The development comes a day after senior advocate Dushyant Dave’s remark against CJI Dipak Misra.
Senior advocate Dushyant Dave’s remark against Chief Justice of India Dipak Misra prompted the Bar Council of India (BCI) to issue him a notice seeking an explanation.
“As can be seen nowadays, we find that 2-3 advocates of the apex court are in a habit of uttering anything in court or outside without any logic, rhyme or reason. How far such conduct is justified is an introspection we have to do ourselves. Such conduct is badly harming the institution, and the legal fraternity would be the ultimate sufferer,” BCI’s letter stated.
“We have been saying openly that the proceedings of collegium must be transparent and unless the leaders of the bar are involved in the process of appointment of judges, there shall always be scope for criticism and the decision can’t be perfect.”
Seeking support of all lawyers, BCI chairman Manan Kumar Mishra said, “Your silence on such an issue is encouraging the elements and people with vested interests. Your keeping mum is proving harmful for the institution.”