Institute of Legal and Management Studies

Senior Advocate Vikas Singh, the President of the Supreme Court Bar Association (SCBA), has written to Chief Justice of India BR Gavai, calling for urgent reforms in the judicial appointments process and finalisation of the long-pending Memorandum of Procedure (MoP). He sought a “transparent, merit-driven, and equitable framework” to replace the current collegium mechanism, which he said had “structural flaws.”

"The prevailing collegium system, while designed to preserve judicial independence, has inadvertently created significant challenges. Its structural flaws demand urgent and comprehensive course correction," he said.

In the letter, SCBA President Singh said the prevailing system has created “serious challenges” that undermine meritocracy and erode confidence in the process.

Key Concerns Raised

Exclusion of SC Bar Talent: Lawyers from the Supreme Court Bar are often overlooked for elevation to their home High Courts despite their exposure to national jurisprudence, resulting in a “systematic marginalisation of valuable judicial talent.”

Lack of Diversity: The Bar flagged “stark under-representation” of women and other groups, pointing to official data showing women make up only 9.5% of High Court judges and 2.94% of Supreme Court judges as of February 2024.

Patronage over Merit: The system allegedly privileges informal networks and visibility in court over analytical ability and courtroom preparation, sidelining deserving juniors and briefing counsel, the “unseen architects of courtroom success.”

Proposed Blueprint for Reform

Drawing on the Supreme Court's Advocates-on-Record Association v. Union of India (2016) judgment, the SCBA suggested four key reforms to be incorporated into the MoP:

Independent Secretariat: A permanent body in each High Court and the Supreme Court to maintain records, manage vacancies, and ensure timely appointments.

Application-Based Process: Publicly inviting applications to broaden the pool and ensure structured evaluation of all eligible candidates, including SC Bar lawyers.

Published Eligibility Criteria: Clear benchmarks such as age, years of practice, judgments reported, and pro bono work to guide selections.

Accountability Mechanism: A grievance redressal system to uphold fairness and transparency.

The Bar President stressed that its proposals are “not a radical overhaul” but institutional safeguards to strengthen the collegium system. Elevation, he said, “must no longer be a function of proximity or visibility, but of merit, integrity, and constitutional fidelity.”

Click here to read the letter