Bar Council of Tamil Nadu and Puducherry Urges Collegium to Ensure Inclusive Representation in Madras High Court Appointments
Safiya Malik
The Bar Council of Tamil Nadu and Puducherry has submitted a letter to the Chief Justice of India and the members of the Supreme Court Collegium, urging for inclusive representation in the process of appointing judges to the Madras High Court.
Currently, the Madras High Court operates with 66 judges, against its sanctioned strength of 75 judges. With the superannuation of several senior judges anticipated this year, the number of vacancies is expected to increase significantly. This prompted the Bar Council to voice its concerns and make specific requests to the Collegium regarding the composition of the judiciary.
The letter, signed by PS Amalraj, Chairman, and Senior Advocate S. Prabhakaran and V. Karyhikeyan, Vice Chairmen of the Bar Council, called upon the Collegium to ensure that all eligible and suitable aspirants for elevation as judges are considered. The letter further requested that advocates from all sections of society, including those from different sects, be included in the selection process to maintain an essential balance. It stated that, “In a democratic setup like India, it is important that all sections of society, irrespective of their caste, creed, or religion, are eligible and suitable for appointment/elevation and have the right to be considered, provided they satisfy the necessary eligibility criteria enshrined under the Constitution.”
Referring to the Supreme Court’s ruling in Registrar General, High Court of Madras v. R. Gandhi and Others, the Bar Council highlighted the principles outlined by the Court regarding diversity in judicial appointments. The Supreme Court, while refraining from judicial review in that case, observed that appointments should not be dominated by any single group or pre-determined faction. Instead, the process must ensure inclusivity by considering candidates' legal acumen and qualitative personality as guiding factors.
Thus the Bar Council, in its letter, requested the Collegium to consider candidates from different sections of society, including minorities, to ensure socio-economic justice and social diversity in the higher judiciary.
