SC not superior or inferior to HC: CJI Gavai

The Supreme Court Collegium cannot dictate how the High Court Collegiums choose and recommend candidates for High Court judgeship, Chief Justice of India BR Gavai has said.

Addressing the Independence Day function organised by the Supreme Court Bar Association (SCBA) on Friday, the CJI said high courts have to take the first call on the names to be recommended for the appointment of high court judges.

“The Supreme Court is not a superior court to the High Court. Both the Supreme Court and High Courts are the constitutional courts. And, insofar as the constitutional scheme is concerned, they are neither inferior nor superior to each other. Therefore, 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 the names. And only after their satisfaction, the names come to the Supreme Court,” CJI Gavai said.

The CJI was responding to SCBA President Vikas Singh’s suggestion that lawyers appointed as high court judges are often limited to those seen arguing before high court judges, while briefing counsel and practitioners in the Supreme Court are overlooked.

Singh suggested that a database with the names of eligible candidates, including Supreme Court lawyers, for judgeship should be created for transparency in the appointment of judges. He also recalled that he had earlier suggested the introduction of a law to regulate the Collegium system.

“Insofar as Singh’s demand that only arguing lawyers were being recommended, the CJI said even the Supreme Court Collegium cannot dictate names to the High Court Collegium,” the CJI responded.

Justice Gavai, however, said, “I along with my senior colleagues have been successful in getting the names of some of the candidates, who are practicing here, not only recommended to various high courts, but also some of them have already been appointed over the years. We are also in the process of recommending some more names.”

He also highlighted the practice of interacting with candidates. “With former CJI Sanjiv Khanna, we started the practice of interacting with the candidates. After interaction with them for 10-15 minutes or half an hour, we can find out as to how suitable they would be to contribute to society,” the CJI said.

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