New Delhi, August 15
Chief Justice of India (CJI) B.R. Gavai on Friday clarified that the Supreme Court Collegium, despite being the apex judicial body, does not have the authority to “dictate” names to High Court Collegiums for judicial appointments.
“Even the Supreme Court Collegium cannot dictate the High Court Collegium to recommend names,” CJI Gavai said while addressing the Independence Day celebrations organised by the Supreme Court Bar Association (SCBA) on the court premises.
The Chief Justice explained that High Court Collegiums have the “first call” in deciding who should be appointed as judges. At best, he said, the Supreme Court Collegium could only “recommend” names to its counterparts in the States. Stressing the federal structure of the judiciary, he added, “The Supreme Court and the High Courts are neither superior nor inferior to each other.”
CJI Gavai was responding to a suggestion made by SCBA president and senior advocate Vikas Singh, who urged that the pool of prospective High Court judges be widened to include lawyers practising in the Supreme Court.
The exchange comes at a time when judicial vacancies in the High Courts remain a pressing concern. As of August 1, there were 345 vacancies across 25 High Courts, which collectively function with only 777 judges out of a sanctioned strength of 1,122.
Recent data from the Supreme Court also revealed that 29 recommendations made by the Collegium to various High Courts since November 9, 2022, are still pending with the Central government.
