Chief Justice of India (CJI) Justice BR Gavai has emphasized that the Supreme Court is not “superior” to the High Courts, and its collegium cannot dictate how High Court collegiums should select candidates for elevation as judges.
Speaking at the Supreme Court Bar Association’s (SCBA) Independence Day function, CJI Gavai underlined that under the constitutional framework, 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 names to the High Court Collegium and request them to consider. Only after their satisfaction do the names come to the Supreme Court,” he said.
His remarks came in response to SCBA President Vikas Singh’s observation that appointments to the High Court Bench often favor lawyers regularly appearing before High Court judges, while briefing counsel and practitioners in the Supreme Court are overlooked. Singh suggested creating a database of eligible candidates, including Supreme Court lawyers, to promote transparency and wider consideration.
CJI Gavai reiterated that the apex 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 stressed.
However, he noted that the Supreme Court collegium has succeeded in facilitating the appointment of several 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 interacting with them for 10–15 minutes, or even half an hour, we can assess how suitable they would be to contribute to society,” he added.