High Courts Must Have One-Third Judges From Other High Courts; Transfer High Court Judges With Relatives Practicing In Its Jurisdiction: National Executive Of Adhivakta Parishad
The National Executive of the Akhil Bharatiya Adhivakta Parishad passed a resolution on 'Accountability of “Independent” Judiciary' emphasizing the need for increased accountability.
The National Executive of the Akhil Bharatiya Adhivakta Parishad, in its meeting held in Vijayawada on April 13, 2025, Andhra Pradesh, passed a resolution emphasizing the need for increased accountability in the higher judiciary, while safeguarding its independence.
In light of recent events that have raised serious concerns about the conduct within the judiciary, the Parishad called for a transparent and verifiable system of oversight. It said, “While protecting the independence of judiciary, one must not lose sight of the accountability - accountability not to the conscience of each individual but to the society through a permanent mechanism which is transparent and verifiable.”
Key demands include the enactment of new legislation to ensure transparency in judicial appointments and conduct, forming a permanent committee comprising former Chief Justices and eminent persons, and implementing the Bengaluru Declaration on judicial accountability. It added, “A permanent committee must be formed forthwith by the Supreme Court with former CJIs and CJs of High Courts and eminent persons to deal with accountability (including conducting of courts) of the present incumbents in office. The Bengaluru Declaration for accountability made at the conference of Hon’ble Judges must be put into practice in a transparent, verifiable manner through this permanent mechanism.”
Among other proposals, the Parishad recommended:
1. Restriction on practice for family members of sitting Supreme Court judges within the apex court. It said, “If it pertains to a Supreme Court judge, that particular family member may not practice in the Supreme Court till that judge retires.”
2. Mandatory transfer consideration for High Court judges whose close relatives practice within the same state’s judiciary. It added, “The judges of High Courts may be put on notice for transfer if their family members, close relatives practice within the jurisdiction of the respective High Court or insubordinate courts within that state.”
3. Annual disclosure of assets of judges and their immediate family members on official court websites.
4. A three-year post-retirement cooling-off period for appointments and arbitrations.
5. Uniform retirement age for judges of both Supreme Court and High Courts.
6. Ensuring one-third of judges in every High Court come from other states to encourage neutrality and objectivity. The resolution said, “Every High Court must have one-third of judges from other High Courts. It may be recalled that this was introduced and implemented to some extent during the tenure of Justice M.N. Venkatachalaiah.”
The National Executive Committee of Akhil Bharatiya Adhivakta Parishad comprises, among others, K. Srinivasa Murthy (President) and D.Bharat Kumar (General Secretary).
