High Court Judges Face Transfer: Kirti Uppal Petitions against Relocation to Delhi High Court
The Delhi High Court has witnessed a significant change with the transfer of six judges from various High Courts, including the repatriation of Justice V Kameswar Rao to his parent High Court, Delhi. The Collegium's decisions to balance judicial strength and address vacancies have led to these transfers, affecting the court's internal hierarchy and composition.
The recent additions to the Delhi High Court are Justices V Kameswar Rao, Nitin Wasudeo Sambre, Vivek Chaudhary, Om Prakash Shukla, Anil Kshetarpal, and Arun Kumar Monga. This reshuffle has significantly altered the seniority order and composition of the Delhi High Court Collegium.
Justice Prathiba M Singh, formerly a Collegium member, lost her place since Justice Sambre, who is senior to her, joined Delhi High Court and thus took precedence. Justice V Kameswar Rao filled the Collegium position vacated by Justice Vibhu Bakhru, who was elevated and transferred as Chief Justice of Karnataka High Court. Justice Sambre is now fifth in seniority, behind Justice Chaudhary, altering the dynamics of judicial leadership and decision-making in Delhi.
The Bar has expressed concerns about the loss of 6-7 key seats, which could impact case management and judicial workloads. There is also a fear that external transfers may sideline local lawyers' aspirations and knowledge due to the lack of personal familiarity with the local legal community. Changes in intra-court seniority affect judges' eligibility for Collegium membership and, consequently, their influence within court administration.
Kirti Uppal, former President of Delhi High Court Bar Association, has written to the Chief Justice of India and the Supreme Court Collegium expressing concerns over the transfer of six judges from various High Courts to the Delhi High Court. Uppal has highlighted the potential consequences for lawyers aged 45-48 years who may have to restart and reestablish their reputation due to transfers.
Uppal also expressed concerns about the impact of transfers on the opportunities for local advocates to be elevated to the Bench. The transfer of judges changes the entire complexion of the Delhi High Court by pushing existing judges lower down the seniority list.
Notably, Justice Rao's parent High Court is the Delhi High Court. This reshuffle has altered the intra-court seniority and impacted the composition of the Collegium. Uppal respects the judges transferred to the Delhi High Court, but there is a sense of sadness and gloom in the corridors of the High Court.
Uppal emphasized the importance of confidence in the men and women who administer the judicial system as the true backbone of the rule of law. The recent transfer of six judges from various High Courts to the Delhi High Court has raised the working strength of the court but reshaped its internal hierarchy and Collegium composition, affecting judicial administration and collegial decision-making.
- The recent policy-and-legislation change, which involves the transfer of six judges to the Delhi High Court, has significantly altered the internal hierarchy and composition of the Collegium, causing concerns among local lawyers and affecting judicial administration.
- The reshuffle in the Delhi High Court through politics and policy-and-legislation now positions Justice Sambre as fifth in seniority, rearranging the dynamics of judicial leadership and decision-making, and potentially impacting the opportunities for local advocates to be elevated to the Bench.
