News Article

New Delhi – In a powerful address on Constitution Day, Supreme Court Bar Association (SCBA) President Vikas Singh delivered a compelling case for judicial reform, championing the collegium system as the "best system" for judicial appointments while forcefully demanding greater accountability through the immediate finalization of the long-stalled Memorandum of Procedure (MoP). Speaking at the Supreme Court, Singh's remarks covered a wide spectrum of issues plaguing the Indian legal system, from the elevation of lawyers to the Bench to the pressing need for social security for advocates and enhanced judicial infrastructure.

The Collegium Conundrum: A Call for Accountability

At the heart of Singh's address was the contentious issue of judicial appointments. While unequivocally endorsing the collegium system over potential alternatives, he argued that its efficacy is critically undermined by a lack of structured accountability and transparency. He directed a pointed appeal to the Chief Justice of India, the Union Law Minister, and the collegium judges to resolve the impasse over the MoP, which has been pending since 2016.

"I will beseech the Honourable Law Minister and the Hon'ble Chief Justice of India and the other collegium judges that this Memorandum of Procedure has been hanging fire since 2016," Singh stated. He emphasized that the MoP's primary purpose is to embed accountability within the appointment process. "This will definitely ensure that the quality of judges coming to the higher courts are definitely improved and there is credibility in the process," he added.

Singh presented a clear dichotomy for achieving this objective, outlining two potential pathways to reform. "I feel that the collegium system is the best system for appointment of judges but there has to be accountability and that can only be brought in either by law made by Parliament regulating the Collegium system or by the Memorandum of Procedure." This statement encapsulates the ongoing tension between judicial independence and the need for a transparent, auditable mechanism for selecting the nation's highest judicial officers. Finalizing the MoP, he argued, is the most immediate and viable solution to strengthen the judiciary's credibility.

Opening the Doors: A Formal Path for Supreme Court Lawyers to the Bench

Expanding on the theme of transparent appointments, Singh reiterated a long-standing demand of the SCBA: the establishment of a formal, systematic mechanism for considering Supreme Court lawyers for elevation to judgeships. He lamented the current ad-hoc approach, which he believes fails to tap into a vast pool of meritorious candidates practicing before the apex court.

"The Chief Justice of India is very much keen to start this process but doing at his level without a process being in place will not reach all the eligible members to be elevated," Singh observed. He proposed a structured system, ideally enshrined within the MoP, where applications are invited and the merits of Supreme Court practitioners are regularly assessed and compared with those of High Court lawyers.

"I think there is a need of the hour to have a system where on a regular basis somebody is assessing the merit of Supreme Court lawyers and comparing them to the merit of the lawyers in the High Court and getting the best people elevated," he urged. This call for a meritocratic and inclusive selection process resonates with concerns that the current system can be opaque and may overlook deserving candidates who are not part of the traditional feeder High Courts.

Systemic Deficiencies: Infrastructure, Training, and Lawyer Welfare

Beyond the high-profile issue of appointments, Singh drew attention to the foundational challenges that weaken the justice delivery system from the ground up. He highlighted the "serious deficiencies in judicial infrastructure," particularly in the subordinate judiciary. Citing stark examples from Bihar, where litigants were reportedly required to bring their own paper to court, he termed such conditions unacceptable and called on the government to prioritize infrastructural investment.

Further, Singh addressed the critical need for the continuous professional development of judges. He noted that the legal landscape is constantly evolving, with new and complex subjects regularly coming before the courts. This necessitates ongoing education to ensure judicial competence at all levels. "I know several judges of the Supreme Court and Chief Justices have also told me that while they were in the high court they had not dealt with many subjects which they happened to deal with in the Supreme Court," he revealed. He advocated for a more rigorous and regular training regimen for judges from the district to the apex court, leveraging the expertise of senior judges to mentor their peers.

The SCBA President also voiced significant concern for the welfare of legal professionals, pointing out the stark absence of a social security net for most lawyers. He highlighted the lack of any medical safety net and made a specific plea for extending Central Government Health Scheme (CGHS) benefits to regular practitioners at the Supreme Court, acknowledging their integral role in the justice system.

A Constitutional Introspection

Concluding his address, Singh framed Constitution Day as an occasion for profound introspection on the state of the republic's foundational pillars. He reflected on Dr. B.R. Ambedkar's apprehensions about the lack of prescribed qualifications for lawmakers, noting that the expectation for society to elect capable leaders has not always been met. Singh pointed to the pernicious influence of black money in elections and the rise of candidates with criminal antecedents as systemic failures that require national reflection "to ensure that the right people get elected to Parliament.”

Ultimately, Singh's speech served as a comprehensive critique and a call to action, reminding the legal fraternity and the government that the promise of the Constitution—meaningful access to justice for every citizen—hinges on the integrity of its institutions, the quality of its personnel, and the robustness of its infrastructure.