New Delhi, May 10
“Uncle Judges” may soon be a thing of the past. For, the Union Law Ministry is learnt to be keen on taking an undertaking from judges at the time of their elevation that they would not function in a court where their relatives were practising.

Union Law Minister Veerappa Moily made this assertion at a felicitation ceremony organised here by additional solicitor-general Mohan Jain. Notably, Moil’s statement comes less than six months after the Union Ministry of Law and Justice called for a list of judges whose kith and kin were practising in same high courts.

Apparently when Justice Alok Singh opted for a transfer out of the Uttarakhand High Court — as his kith and kin were practising there — little did he know Moily would quote his example almost a year later as the “right thing to do”. Moily said Justice Alok Singh was shifted to the Punjab and Haryana High Court after he sought a transfer. “So many judges are themselves opting out,” he said.

The assertion is significant as the Law Commission discussed the issue in its 230th report. The commission had made it clear that it was against the policy of transferring Chief Justices; and he should rather be from the same high court. But while making appointment of judges, advocates with kith and kin practising in a high court should not be posted in the same HC. This would eliminate “uncle judges”, it said. The suggestion was part of the commission’s recommendations on pressing reforms to streamline the functioning of the judiciary and to quicken the pace of justice.

Notably, Punjab and Haryana High Court’s former Chief Justice B.K. Roy, too, had earlier issued an administrative order barring a group of 10-12 judges from hearing any case argued by their relatives. In his order, Justice Roy said: "It was generally believed that A, B, C and D (all judges) constituted a mutual cooperative society in the sense it was believed that each of the four judges (A, B, C and D) would protect the sons of the three other judges."