Elevations to High Court. Senior Advocate and KSBC Member S. Basavaraj urges the Chief Justice to give due preference to Advocates practising in Karnataka.

Senior Advocate and KSBC Member S. Basavaraj has urged the Chief Justice of the Karnataka High Court to give due preference to Advocates practising in Karnataka.The letter sent to the Hon'ble Chief Justice through the Registrar General reads as follows:

To, The Hon’ble Chief Justice, High Court of Karnataka, Dr. Ambedkar Road, Bengaluru.

Subject: Request to accord due preference to advocates practising in Karnataka while recommending candidates for elevation to the High Court.

Sir, Article 217 of the Constitution of India governs the appointment and conditions of office of Judges of the High Courts. Under Article 217(2), an advocate who has practised for at least ten years in a High Court, or in two or more High Courts in succession, is eligible for appointment as a Judge of a High Court. Thus, the Constitution does not require an advocate to be appointed only to the High Court in which he or she has principally practised.

Nevertheless, while considering advocates for direct elevation, it is respectfully submitted that due preference should ordinarily be given to deserving members of the Bar who have substantial and longstanding practice before the High Court concerned. Familiarity with the laws applicable to the State, local customs and usages, regional circumstances, and the practical issues arising within the State is of considerable value in the effective discharge of judicial responsibilities.

Karnataka has several experienced, capable and deserving advocates who possess a sound knowledge of local laws and issues and are willing to shoulder the responsibilities of judicial office. Recommending advocates who have had little or only limited practice before the High Court of Karnataka may create a legitimate sense of disappointment among members of the Karnataka Bar who have, through years of hard work, professional excellence and commitment, established their suitability for elevation.

In referring to certain recent appointments, atleast one Judge hardly practiced in Karnataka except for couple of years before his elevation to the High Court. I wish to make it clear that I do not question the constitutional eligibility, competence or merit of any learned Judge. My limited and respectful concern is that advocates with substantial experience before the High Court of Karnataka should receive appropriate consideration when recommendations are made for direct elevation to this Court.

I, therefore, most respectfully request Your Lordship to accord due preference to eligible and deserving advocates practising in the State of Karnataka while considering and recommending candidates for appointment as Judges of the High Court of Karnataka.

Respectfully submitted,

S. Basavaraj, Senior Advocate and Member, Karnataka State Bar Council