Bar association opposes SC proposal for Allahabad HC

The High Court Bar Association (HCBA), Allahabad, has strongly opposed the proposal of the High Court Collegium for temporary appointment of five retired judges to the High Council of Judiciary, Allahabad, under Article 224-A of the Constitution. Terming the move “inexplicable”, the Bar Association said it had caused “widespread concern” within the legal fraternity of Uttar Pradesh.

HCBA, in a letter to the President of India on February 5 and made public on Thursday, questioned the constitutional validity of the move, arguing that Article 224-A provides that such appointments shall be initiated by the Chief Justice of the Supreme Court with the prior consent of the President. HCBA argued that the Supreme Court Collegium’s invocation of this provision appeared to be contrary to the constitutional scheme.

“…the five retired judges selected appear to have been suddenly chosen from the pool of retired judges without any exercise of selecting the best from the available pool of retired judges, which is inherent in the practice of appointment to a constitutional post under Article 224-A of the Constitution of India,” the letter said.

The Bar Association also stated that if appointments are necessary due to delays in recommending regular candidates and pendency of cases, preference should be given to retired judges with a proven track record of disposing of cases quickly and effectively.

He added that the entire exercise invoking Article 224-A appears to have been done without consulting the stakeholders, especially the Bar Association, and with the aim of preventing regular appointments to existing vacancies and would defeat the purpose of disposal of pending cases.

The SC Collegium had approved a proposal for the appointment of five retired judges – Justice Mohd – earlier this month. Faiz Alam Khan, Justice Mohd. Aslam, Justice Syed Aftab Husain Rizvi, Justice Renu Agarwal and Justice Jyotsna Sharma – will serve as ‘special judges’ of the Allahabad High Court for two years.