Chief Justice of India B.R. Gavai delivered a significant message during his address at the 79th Independence Day celebrations, stating that the Supreme Court is not superior to any High Court in the country. The Chief Justice emphasized that both are “constitutional courts” and are considered equal under the constitutional scheme.
In his speech on Friday, Gavai addressed the judicial appointment process, clarifying the distinct roles of the Supreme Court and High Courts. “Ultimately, even the Supreme Court Collegium can’t dictate the High Court collegium to recommend the names,” he stated. He added that the Supreme Court is not a “superior court to the high court,” and that the first call regarding a judgeship appointment must be taken by the High Court collegium itself. The top court’s collegium, he explained, can only recommend names and request their consideration.
New Collegium Initiative Praised
The Chief Justice also took the opportunity to praise an initiative started by his predecessor, former CJI Sanjiv Khanna. This practice involves the Supreme Court collegium interacting directly with candidates during the selection process. Gavai highlighted the value of this new approach, noting that a brief interaction of “10 minutes, 15 minutes or half an hour” can help the collegium find out how suitable candidates are to contribute to society.
This statement by CJI Gavai reiterates the principle of a co-equal and independent judiciary, where High Courts play a vital role in the judicial appointment process without being dictated to by the Supreme Court.