1. It is a numbers game, which you can understand if you see the numbers. No subordinate judge has ever been elevated to the HC before 57-58 years or thereabouts. On the contrary, several lawyers have been offered the position even before they turn 50. This is a deliberate ploy to keep the former away from being CJ or get further elevated to the SC.
2. The evidence lies in the fact that even the collegium has never made sufficient number of recommendations to fill the vacancies at any given time! The government further culls the number by sitting on a few, but that does not mean that enough recos are being made to begin with!
None of those judges will ever be elevated to the SC and only a fraction gets elevated to even HCs and that too at the fag end of their career.
Isn't that also a numbers thing? By definition, only a fraction of judicial roles are HC and SC ones, so only a fraction will ever rise up the ladder.
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Why is it that the collegium cannot find enough people ever to fill the vacant positions in HCs and SC? It is not because everyone keeps refusing, but because they wait till young lawyers within their coterie become eligible before offering such positions.
Do you have any evidence of this? Hasn't the government been regularly sitting / rejecting a whole bunch of collegium recommendations?
He is speaking in the context of young lawyers (15-20 years exp.) refusing elevation directly to the High Court. These lawyers have a long career in litigation ahead, and their potential earnings as a lawyer are limitless. Naturally, they find no incentive to get elevated to the High Court and earn a meagre salary. This is not a recent issue, and is covered pretty well in Abhinav Chandrachud's book "Supreme Whispers".
There are thousands of judicial services officers who have dedicated thier life for the Judiciary. They have entered judicial services by own merit (unlike you with YVC's legacy) by writing exams. Give them a chance instead of reserving judicial vacancies in High court and Supreme court for nepo kids who must be elevated.
This gen just wants everything the easy way out. You need to take the Judicial Services exam and make it up the ranks OR you need to be a stellar performing lawyer in order for the judges to notice you and consider elevating you to the bench.
Kaam karo.. mehnat karo... khaali phokat mein kuch nahin milta!!
He might mean a million things but look at the minuscule no of judges they let be elevated to HC let alone SC. It is nepotism all the way. His sons are likely to be judges too.
Then the phrase would not have been 'refusing judgeship'. In addition, even if that is true, what has the SC ever done to improve the life and working conditions of the lower court judges? None of those judges will ever be elevated to the SC and only a fraction gets elevated to even HCs and that too at the fag end of their career. They are also expected to be servile in front of higher judiciary members, which is absolutely unacceptable to any person with self-respect. DYJ as usual keeps giving these speeches that would make media headlines, but does absolutely nothing to change the situation. Why is it that the collegium cannot find enough people ever to fill the vacant positions in HCs and SC? It is not because everyone keeps refusing, but because they wait till young lawyers within their coterie become eligible before offering such positions.
Doesn't he clearly mean joining the judicial service via the various judicial exams route, rather than young lawyers becoming high court judges immediately?
"If you don't accept judgeship today, then 25 years down the line, you will get the judges you deserve and we have to guard against that not for today but for what will be 15 or 20 years down the line if the best don't come over to this institution in which all of you have a very important role to play," he said.
But Uncle, how many bright young lawyers (especially non-nepo kids) are offered judgeship in the first place? Only two NLSIU alumni are judges (in Cal and Punjab HC) and even they are children of judges.
2. The evidence lies in the fact that even the collegium has never made sufficient number of recommendations to fill the vacancies at any given time! The government further culls the number by sitting on a few, but that does not mean that enough recos are being made to begin with!
Quote: Do you have any evidence of this? Hasn't the government been regularly sitting / rejecting a whole bunch of collegium recommendations?
There are thousands of judicial services officers who have dedicated thier life for the Judiciary. They have entered judicial services by own merit (unlike you with YVC's legacy) by writing exams. Give them a chance instead of reserving judicial vacancies in High court and Supreme court for nepo kids who must be elevated.
Kaam karo.. mehnat karo... khaali phokat mein kuch nahin milta!!
https://www.barandbench.com/news/litigation/when-young-lawyers-refuse-judgeship-i-tell-they-will-get-judges-deserve-cji-dy-chandrachud
Quote: But Uncle, how many bright young lawyers (especially non-nepo kids) are offered judgeship in the first place? Only two NLSIU alumni are judges (in Cal and Punjab HC) and even they are children of judges.