The Delhi High Court Bar has expressed strong concern over the increasing frequency of judicial transfers in the Court, cautioning that the practice undermines stability, continuity, and the confidence of the Bar in the judicial system.
In a representation, the Bar highlighted that while transfers bring diversity and add to the cosmopolitan character of the Bench, nearly one-third of the present strength of the Delhi High Court comprises judges from other jurisdictions. This, the Bar noted, has deepened the perception that distinguished members of the Delhi High Court Bar are being overlooked for elevation to the Bench.
The Bar underlined that the constitutional framework and long-standing convention envisage the elevation of practicing advocates to High Courts, recognizing the Bar as a vital reservoir of judicial talent. Judges drawn from the local Bar, it observed, carry invaluable insight into the functioning of courts, litigants, and the city’s unique legal context.
Emphasizing the importance of judicial continuity, the Bar warned that frequent transfers risk eroding morale within the profession and weakening faith in established processes of appointment and transfer. While acknowledging that the power of transfer and elevation rests exclusively with the collegium, the Bar stressed that as an equal stakeholder in the administration of justice, it should not be left in the dark on such crucial decisions.