Hindustan Times (Delhi)

Rules eased for judges in reserved categories

- Ashok Bagriya letters@hindustant­imes.com

INCOME NORM SC collegium brings in changes for HC appointmen­ts THIS IS THE FIRST TIME THE COLLEGIUM HAS MADE CONCESSION­S FOR CANDIDATES BELONGING TO

RESERVED CATEGORIES

NEW DELHI: In a move that could increase the representa­tion of Scheduled Caste (SC), Scheduled Tribe (ST) and Other Backward Class (OBC) candidates in the higher judiciary, the Supreme Court collegium has relaxed the income norm for candidates from these communitie­s recommende­d for appointmen­t as high court judges.

“The Collegium considers it appropriat­e to relax the income criterion to a reasonable extent in cases where such recommende­es belong to categories of SC/ST/ OBC or represent Government in their capacity as Standing /Panel Counsel before the Courts,” the collegium said in a February 15 resolution, clearing the appointmen­t of 10 advocates as judges of the Allahabad high court.

This is for the first time that the three-member collegium that appoints high court judges has made concession­s for candidates belonging to reserved categories. The collegium comprises Chief Justice of India Ranjan Gogoi, justice AK Sikri and justice SA Bobde.

SC/ST and OBC candidates get reservatio­ns in appointmen­ts as judicial officers. No concession­s have been made in the case of appointmen­t of judges to the high courts or the Supreme Court.

Supreme Court senior advocate Sanjay Hegde welcomed the move saying: “SC/ST sometimes have a tough time making it in the profession because their clients are unlikely to be rich. But courts need diversity and relaxing of income norm.”

Some months ago, the Supreme Court collegium rejected a recommenda­tion for the appointmen­t of five advocates as judges of the Orissa high court.

Returning the names of the five advocates, the collegium comprising the top three judges of the Supreme Court said the candidates did not have the minimum “annual profession­al income” required to become judges.

“Besides the income criteria, the Supreme court Collegium takes into account the age, academic attainment­s, standing and experience, ability to deal with complex legal problems, grasping capacity, judicial potential and other abilities before confirming the candidates as judges,” said Supreme Court advocate Viplav Sharma.

The Supreme Court collegium recently also started the practice of personal interactio­n with potential candidates before clearing the names of advocates to be elevated as judges.

Although there is no fixed income parameter for elevation of an advocate to the position of a judge, it is unofficial­ly fixed at around ₹10 lakh per annum, but again differs from high court to high court.

“It is generally expected that an advocate who is recommende­d for elevation needs to at least have an annual income of ₹10 lakh and he is expected to submit profession­al income for the last five years – gross and taxable – while submitting his applicatio­n for considerat­ion as a judge,” said an official in the justice department of the law ministry, who did not wish to be named.

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