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| Bar Association Jammu strongly express its displeasure over Supreme Court judgement in Rajanish K V Vs K Deepa | | | 
early times report
Jammu, Nov 17: A meeting of the Executive Committee of the Jammu & Kashmir High Court Bar Association, Jammu (JKHCBAJ) was held today at the High Court Bar Hall, Jammu, under the chairmanship of President Sr. Advocate Nirmal Kumar Kotwal.
The members extensively discussed the recent judgment of the Hon’ble Supreme Court in Rejanish K.V. vs. K. Deepa & Others, pronounced on October 9, 2025, by a five-judge Constitution Bench. The judgment interprets Article 233(2) of the Constitution to hold that serving judicial officers, who have a combined experience of at least seven years as advocates (prior to joining judicial service) and as judicial officers as of the date of application, are eligible for direct recruitment as District Judges under the quota reserved exclusively for the Bar. This ruling overrules the earlier interpretation in Dheeraj Mor vs. High Court of Delhi (2020), which required continuous practice as an advocate at the time of application and appointment, thereby excluding those already in judicial service. The Bench directed all State Governments and High Courts to amend their rules within three months to align with this expanded eligibility, aiming to broaden the pool of candidates for merit-based appointments.
The Executive Committee unanimously expressed grave concern over the judgment’s far reaching adverse implications for the legal profession across the country. It was observed that the decision undermines the independence and autonomy of the Bar by diluting the exclusive quota meant for practicing advocates, potentially allowing judicial officers to compete in the Bar quota and disrupting the constitutionally intended ratio between promotions from judicial service and direct recruitment from the Bar. This shift, the members argued, could destabilize the balance essential for maintaining the Bar’s role as a counterbalance to the judiciary, erode opportunities for young lawyers, and compromise the adversarial system’s integrity by favoring those already within the judicial fold.
After detailed deliberations, the following resolutions were passed unanimously:
1. The Jammu & Kashmir High Court Bar Association, Jammu shall actively protest against the aforesaid judgment at the national level to safeguard the rights and dignity of the practicing lawyers.
2. The Association shall write to all Bar Associations across India, including the Supreme Court Bar Association and State Bar Councils, urging them to extend solidarity and collectively pursue appropriate legal remedies, including the filing of a review petition against the judgment.
Prominent members, including Former Advocate General and Senior Advocate Shri U.K. Jalali, Former Bar President and Senior Advocate Shri Sunil Sethi, and Senior Advocate Shri K.S. Johal, strongly voiced their disapproval of the judgment, emphasizing its potential to erode the Bar’s independence and calling for a unified stand to restore the exclusive nature of the Bar quota. They highlighted similar concerns raised by Bar Associations in other states, such as the Kerala High Court Advocates’ Association, which has already resolved to challenge the ruling through review or curative petitions.
The resolutions were fully endorsed by Vice President Adv S. Baldev Singh, Adv, General Secretary Adv. Pardeep Majotra, Joint Secretary Adv. Anshu Mahajan, and Treasurer Adv. Rahul Aggarwal.
The Jammu & Kashmir High Court Bar Association, Jammu reaffirms its commitment to safeguarding the honour, independence, and rights of the legal profession and calls upon the entire Bar of India to unite against any encroachment on the dignity of advocates. This collective action is crucial to ensure that the Bar quota remains a true bastion for practicing lawyers, preserving the constitutional ethos of a robust and independent legal fraternity.
The prominent members of the Association including Sr.Adv Surinder Kour, Sr Adv. P.N. Goja Adv V. Bhushan Gupta, Adr Raghu Mehta,, Adv P.C. Sharma Adv Sheikh Shakeel Ahmed and ors present in the meeting also endorsed the view of the Executive Committee.. |
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