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The Chief Justice of India was responding to a illustration made by SCBA president, senior advocate Vikas Singh, to widen the pool of choice for potential High Court judges and contemplate selecting authorized expertise from attorneys practising within the Supreme Court. File | Photo Credit: The Hindu
“Even the Supreme Court Collegium can’t dictate the High Court Collegium to advocate the names,” Chief Justice Gavai mentioned in his Independence Day deal with at a perform organised by the Supreme Court Bar Association (SCBA) on the courtroom’s lawns.
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The Chief Justice mentioned the High Court Collegiums take the “first name” on who they might need as their fellow judges. At most, the Chief Justice mentioned, the apex courtroom Collegium might “advocate” names to its counterparts within the High Courts.
The Chief Justice mentioned in a federal judiciary, the Supreme Court and the State High Courts have been neither superior nor inferior to one another. The relationship was that of mutual respect.
“As I’ve at all times been saying lately, the Supreme Court isn’t a superior courtroom to the High Court. Both the Supreme Court and the High Court are the constitutional courts. And insofar because the constitutional scheme is worried, they’re neither inferior nor superior to one another. Therefore, the primary name must be taken by the High Court Collegium. We solely advocate the names to the High Court Collegium and request them to think about the names. And solely after their satisfaction, the names come to the Supreme Court,” the Chief Justice defined.
The Chief Justice was responding to a illustration made by SCBA president, senior advocate Vikas Singh, to widen the pool of choice for potential High Court judges, and contemplate selecting authorized expertise from attorneys practising within the Supreme Court.
“We are conscious that attorneys coming from completely different States carry out very effectively, and their providers needs to be utilised for the assorted High Courts. I have to say that I, together with my senior colleagues, have been profitable in getting the names of a number of the candidates, who’re working towards right here, not solely really useful to the assorted High Courts, but in addition a few of them have already been appointed through the years. We are additionally within the strategy of recommending some extra names,” the Chief Justice knowledgeable.
The demand from the Bar chief and the response from the Chief Justice on Friday has come at a time when the High Courts are going through 345 vacancies as on August 1. Out of a complete working judicial energy of 1,122 judges, there are solely 777 judges on the Benches of the 25 State High Courts throughout the nation.
Opinion | The Collegium and modifications — it might nonetheless be early days
The delay precipitated on the authorities’s finish to clear suggestions made by the Supreme Court Collegium has additionally contributed to vacancies within the High Courts. Selective appointments of names to the High Courts by the federal government have been a reason for friction with the Collegium.
The Supreme Court, whereas listening to a case of presidency delay in judicial appointments, had urged the Centre to clear suggestions whereas noting that vacancies are affecting justice administration.
Recent knowledge printed by the Supreme Court confirmed that 29 suggestions made by the Supreme Court Collegium to State High Courts since November 9, 2022 have been pending with the federal government.
Published – August 15, 2025 09:23 pm IST
