Elevation Of Supreme Court Lawyers As SC Judges Should Not Be "Occasional Pickings" : SCAORA To CJI


24 Aug 2023 2:13 PM GMT


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The Supreme Court Advocates-on-Record Association has put forth a request that willing and deserving lawyers of the Supreme Court bar should be regularly considered for elevation as judges of the Top Court "as a matter of representative policy than occasional pickings".

In a letter sent to Chief Justice of India, SCAORA also raised a request for considering Advocates-on-Record for elevation as judges of High Courts and Tribunals. Two main points raised in the letter are :

"Elevation of AORs as High Court Judges, members of Tribunal and designation as Senior Counsels.

Elevation of willing and deserving Senior Advocates, Advocates and AORs directly as a judge of this Hon’ble Court as a matter of representative policy rather than occasional pickings".

At present, two erstwhile members of the Supreme Court bar are on the bench - Justices PS Narasimha and KV Viswanathan. The former President of the Supreme Court Bar Association, Senior Advocate Vikas Singh, had also earlier raised the issue of consideration of SC lawyers for elevation as judges of High Courts and the Apex Court.

Apart from this, the SCAORA has also raised various issues relating to filing and listing of cases.

1. Verification Woes: Transparency and Efficiency at Stake- The Association has voiced its members' grievances where even after successful registration, the current verification process continues to contribute to undue delays in case listing before the Court.

SCAORA’s proposed solution is two-fold: Either discontinuation of the verification process or, if retained, implement a streamlined mechanism for verification on the same day as registration or within a stipulated time frame.

2. Uncertainty Surrounding Deletion of Matters from Main List- The abrupt removal of cases from the main list, despite their inclusion in the tentative list causes great difficulty and members have to mention the matters to ensure it's not deleted.

SCAORA proposes a clear-cut resolution: if a matter features in the advance list, it should not face deletion. The cases scheduled for listing in specific weeks or adjourned by a designated period should be listed. Moreover, the matters explicitly directed by Judges for listing should be safeguarded from deletion.

3. E-filing Portal Glitches: Specifically regarding cases filed before May 2023, despite efforts to communicate these concerns to the Registrar, the problems persist, prompting members to revert to physical filing.

SCAORA highlighted an online mechanism has been designed for members to report issues directly to the Registry. The Association underscored the necessity for swift rectification of e-filing glitches, alongside expeditious processing and registration of electronically filed cases.

Furthermore, the Registry's internal staff's request for physical files to accelerate the registration and defect-curing process raises questions about the practicality of the e-filing system.

The Association also presented Key Agendas for consideration and action By Chief Justice of India. They are :

1. Dedicated Filing Counters for AORs, Especially Women

2. Allocation of Space for SCAORA Events

3. Establishment of SCAORA E-Library and Lounge

4. Allocation of Cubicles in the Additional Building

5. Enhanced Standard Operating Procedures for Registry

6. Centralized Filing to Registration Space

7. Inclusivity Measures- SCAORA suggests the installation of golf carts between the old and new buildings. Additionally, the direct provision of car stickers to AORs is requested, as currently, the process involves the SCBA and incurs charges.

8. Service in matters through text messages

9. Mitigation of Sudden Chamber Matter Listings- iIn such instances, adverse orders should not be passed.

10. VC Hearings for Women Advocates having small children

11. Recognition of 1st Generation Women Lawyers

The SCAORA also received a series of suggestions from its members aimed at enhancing the efficiency and effectiveness of the judicial process that have been put forth for the thoughtful consideration of the Chief Justice of India as follows-

Click Here To Read The Letter

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