The Delhi High Court Bar Association (DHCBA) has urged Chief Justice of India B.R. Gavai and the Supreme Court Collegium to ensure greater transparency and wider consultation in judicial transfers and appointments, warning that the growing frequency of transfers from the Delhi High Court is creating unease among lawyers and litigants alike.
In a letter dated September 1, the Bar body expressed alarm over the “increasing regularity” with which judges are being moved out of Delhi, noting that this trend has disrupted judicial continuity and affected the confidence of the legal fraternity.
“Judges who have emerged from within the Delhi Bar carry a deep understanding of the city’s courts and litigants,” the Association stated, highlighting the value of judicial stability. It stressed that continuity at the Bench is essential for maintaining the credibility of the justice delivery system in the Capital.
The DHCBA recalled that the constitutional framework, backed by long-standing convention, envisages the elevation of practising advocates to the High Courts. This principle, it said, underlines the Bar’s role as an “indispensable stakeholder” in the judicial system. However, the Association noted with concern that local advocates are increasingly being overlooked for elevation.
Pointing to the composition of the Delhi High Court, the letter observed: “Nearly one-third of the judges currently serving hail from other jurisdictions, while members of our own Bar remain unconsidered. This widening gap between the Bench and the lived realities of Delhi’s litigants is troubling.”
The Bar body warned that unless addressed, this perception could undermine the morale of advocates and weaken public trust in the established mechanisms of appointment and transfer.
While acknowledging that the power to appoint and transfer judges lies exclusively with the collegium, the DHCBA emphasized that the Bar’s role cannot be marginalized. “For reasons unexplained, the Bar is consistently kept uninformed of crucial decisions concerning judicial elevations and transfers,” the letter stated.
The appeal comes on the heels of the Supreme Court Collegium’s recent recommendations to transfer Justice Arun Monga to the Rajasthan High Court and Justice Tara Vitasta Ganju to the Karnataka High Court. Both judges, appointed to the Delhi High Court earlier this year, were reportedly well-regarded by advocates and litigants for their judicial conduct.
In the midst of these transfers, the Delhi High Court has also witnessed a wave of new appointments. Six additional judges took oath on July 21, followed by the swearing-in of three judicial officers as judges on July 24.
Reiterating its concerns, the DHCBA said the Delhi High Court, as the custodian of justice in the national capital, requires stability, consistency, and confidence between the Bench and the Bar to discharge its constitutional role effectively.
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