DHCBA President Flags 'Frequent' Transfer Of Judges From Delhi High Court, Calls For Safeguarding Judicial Independence

Delhi High Court Bar Association (DHCBA) President, Senior Advocate N Hariharan on Monday flagged concerns over "frequent" judicial transfers in the recent times, while calling for a need to uphold judicial independence.

Hariharan was speaking at the full court ceremony organized to bid farewell to Justice Arun Monga and Justice Tara Vitasta Ganju following their transfer to the Rajasthan and Karnataka High Courts.

Hariharan talked about how the Bar at Delhi has witnessed and heard about the transfers of judges from Delhi in the last couple of years.

He said that although transfers are routine practice, they raise concerns when the frequency begins to alter the composition of the Court.

“The constitutional scheme, which carefully balanced executive influence with judicial autonomy, is placed under strain when transfers are deployed in a manner that disrupts the organic process of building institutional memory and judgment within collegiums,” he said.

Hariharan added that at its heart, it is not a matter of administration but is a matter of constitutional design.

“Judicial independence is not a privilege of judges. It is the people's right, and only an independent judiciary can safeguard their liberties,” Hariharan said.

He added that for the bar, the issue is not a matter of personalities or individual postings but is a matter of principle.

Hariharan said that appointments and transfers must be carried out in a manner that strengthens, rather than undermines the constitutional scheme.

“We must remind ourselves that the independence requires not only insulation from external pressures, but also internal transparency that commands public confidence,” he said.

“Our association has raised these concerns in appropriate fora, and will continue to do so, but it is not a question of confrontation between the bench and the bar. It is a question of dialogue of vigilance and of preserving institutional trust on which the judiciary rests. The Delhi High Court bar will continue in being fiddle and responsible to the traditions of this court,” Hariharan added.

DHCBA had recently written to the Chief Justice of India and other collegium judges, raising similar concerns.

“While the Bar recognizes that the power of appointment and transfer vests exclusively with the collegium, it remains a fact that the Bar is an equal stakeholder in the administration of justice. Yet for reasons unknown the Bar is invariably kept in the dark when crucial decisions regarding elevation and transfers of Justices are made,” the lawyers body had said.

Justice Ganju had sworn in as Delhi High Court judge on May 18, 2022. Her name was recommended by the Supreme Court collegium in the year 2020, followed by reiteration.

On the other hand, Justice Monga had sworn in as Delhi High Court judge on July 21. Before that, he was serving as a judge at the Rajasthan High Court. He originally hails from the Punjab and Haryana High Court. 

Their speeches can be read here: Justice Arun Monga, Justice Tara Vitasta Ganju Bid Farewell To Delhi High Court