CHIEF JUSTICE OF INDIA (‘CJI’) B.R. GAVAI on Friday underlined that the Supreme Court is not “superior” to the High Courts and its collegium cannot direct how High Court collegiums should choose candidates for elevation as judges.
Speaking at the Supreme Court Bar Association’s (‘SCBA’) Independence Day function, CJI Gavai stressed that under the constitutional scheme, both the Supreme Court and High Courts are constitutional courts, “neither inferior nor superior to each other.”
“The first call has to be taken by the High Court Collegium. We only recommend the names to the High Court Collegium and request them to consider. Only after their satisfaction do the names come to the Supreme Court,” the chief noted.
The remarks came in response to SCBA President Vikas Singh’s suggestion that lawyers appointed to the High Court Bench are often drawn from those appearing regularly before High Court judges, while briefing counsels and practitioners in the Supreme Court are overlooked. Singh proposed creating a database of eligible candidates, including Supreme Court lawyers, to improve transparency and ensure wider consideration.
CJI Gavai reiterated that the top Court’s collegium cannot “dictate” to its High Court counterparts which names to recommend. “Ultimately, even the Supreme Court Collegium cannot dictate the High Court Collegium to recommend names,” he said.
However, he noted that the Supreme Court collegium has had some success in facilitating the appointment of Supreme Court lawyers to High Courts. “I, along with my senior colleagues, have been successful in getting the names of some candidates practising here recommended to various High Courts. Some have already been appointed, and we are in the process of recommending more,” he said.
The CJI also spoke about the collegium’s relatively new practice of interacting directly with candidates under consideration for judgeship. “We find the practice really helpful. In our opinion, after interaction with them for 10-15 minutes, or half an hour, we can assess how suitable they would be to contribute to society,” he said.