The Karnataka State Bar Council has addressed a letter to the Chief Justice of India, Prime Minister of India and the Law Minister of India demanding inclusion of Judge/s from Karnataka in the Karnataka High Court collegium.
Speaking to S. Basavaraj, Senior Advocate and Member, Karnataka State Bar Council, Justice Santosh Hegde, former judge, Supreme Court of India and Shri. B. V. Acharya, Senior Advocate and former Advocate General for Karnataka have supported the view of the Bar Council.
Justice Santosh Hegde says “the collegium should not only be aware of the good qualities of an Advocate before recommending his name to be a Judge, but it must also be aware of his drawbacks. The critical assessment of a lawyer or a subordinate judge for elevation as High Court judge is possible only if a local judge is part of the collegium when compared to outsiders.”
Shri. B.V. Acharya minced no words when he said “the entire collegium system is a judge made system. I am of the opinion that the collegium at the High Court level should consist of the local judges from the state. If the collegium consist of outside judges, the chief justice of India should recommend senior most judge outside the collegium and consider his views on the recommendation. ”
The letter of the Karnataka State Bar Council reads as follows:
The Karnataka State Bar Council, representing the legal fraternity of our State, humbly submits this letter to draw your esteemed attention to a matter of significance concerning the composition of the Collegium of the Hon’ble High Court of Karnataka.
Identified as the State of Mysore during the British Raj, our State has been actively part of the administration of the judicial system be it with the appointment of the Board of Commissioners on 21/10/1831, to the appointment of Maharaja of Mysore as Rajpramukh under the Constitution of India to the current judicial set-up. We have seen it all.
The Karnataka High Court (previously called as the High Court of Mysore) has its principal bench at Bengaluru with circuit/additional benches in Dharwad and Kalaburgi. Few notable judges who have been elevated from the High Court of Karnataka to become Chief Justice of India are Hon’ble Mr. Justice E.S. Venkataramaiah, Hon’ble Mr. Justice M. N. Venkatachalaiah, Hon’ble Mr. Justice S. Rajendra Babu and Hon’ble Mr. Justice H.L. Dattu.
Drawing ourselves back to the subject under reference, it has come to our notice that the current Collegium of the Honble High Court of Karnataka does not include any judges whose parent High Court is Karnataka. While we hold the highest regard for the distinguished judges serving in our High Court from other States, we respectfully express our concern regarding the absence of representation from judges who have roots and a deep understanding of the legal traditions, customs, and nuances specific to State of Karnataka. Judges whose parent High Court is Karnataka bring with them an intrinsic understanding of the unique legal landscape of the state, informed by years of practice and experience within its jurisdiction.
Their insights are invaluable in maintaining the balance between the diverse legal challenges that arise in the State of Karnataka and the broader jurisprudential framework of our nation. This balance is crucial for fostering a judiciary that is not only impartial but also deeply connected with the local populace it serves. Furthermore, the inclusion of such judges in the Collegium would bolster the confidence of the legal community and the public in the judicial process, reinforcing the perception that the High Court is attuned to the specific legal, cultural, and social fabric of State of Karnataka. It also serves as a recognition of the contributions and professional development of judges who have dedicated their careers to the judiciary in Karnataka.
We are aware of the complexities involved in judicial appointments and the multitude of factors that the Collegium considers. However, we respectfully urge that this aspect be given due consideration in the ongoing and future appointments to the High Court of Karnataka. In this regard, we place our trust in your office wisdom and discretion to take steps that would address this concern, ensuring that the High Court of Karnataka continues to reflect both the diversity and unity of our judicial system and consider our request to include the judges in the collegium whose parent High Court is Karnataka since regional Judges know about the deep root of practical issues.
We express our profound gratitude for your attention to this matter and remain hopeful that our humble submission will be considered favourably.
Daksha Legal 