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The Hindu
2 hours ago
- Politics
- The Hindu
Supreme Court Collegium cannot dictate names to High Court Collegiums: CJI Gavai
Chief Justice of India B.R. Gavai on Friday (August 15, 2025) clarified that the powerful Supreme Court Collegium, which he heads, cannot 'dictate' names to High Court Collegiums for judicial appointments. 'Even the Supreme Court Collegium cannot dictate the High Court Collegium to recommend the names,' Chief Justice Gavai said in his Independence Day address at a function organised by the Supreme Court Bar Association (SCBA) on the court's lawns. Also read: Independence Day highlights The Chief Justice said the High Court Collegiums take the 'first call' on who they would want as their fellow judges. At most, the Chief Justice said, the apex court Collegium could 'recommend' names to its counterparts in the High Courts. The Chief Justice said in a federal judiciary, the Supreme Court and the State High Courts were neither superior nor inferior to each other. The relationship was that of mutual respect. 'As I have always been saying recently, the Supreme Court is not a superior court to the High Court. Both the Supreme Court and the High Court 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,' the Chief Justice explained. The Chief Justice was responding to a representation made by SCBA president, senior advocate Vikas Singh, to widen the pool of selection for prospective High Court judges, and consider picking legal talent from lawyers practising in the Supreme Court. 'We are aware that lawyers coming from different States perform very well, and their services should be utilised for the various High Courts. I must say that 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 the 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,' the Chief Justice informed. The demand from the Bar leader and the response from the Chief Justice on Friday has come at a time when the High Courts are facing 345 vacancies as on August 1. Out of a total working judicial strength of 1,122 judges, there are only 777 judges on the Benches of the 25 State High Courts across the country. Opinion | The Collegium and changes — it may still be early days The delay caused at the government's end to clear recommendations made by the Supreme Court Collegium has also contributed to vacancies in the High Courts. Selective appointments of names to the High Courts by the government have been a cause of friction with the Collegium. The Supreme Court, while hearing a case of government delay in judicial appointments, had urged the Centre to clear recommendations while noting that vacancies are affecting justice administration. Recent data published by the Supreme Court showed that 29 recommendations made by the Supreme Court Collegium to State High Courts since November 9, 2022 were pending with the government.


India Today
7 hours ago
- Politics
- India Today
Top court not superior to high court, both equal: Chief Justice in I-Day speech
Chief Justice of India B R Gavai, addressing the Independence Day function, said that the Supreme Court is not a superior court to the High Court and both are equal constitutional courts under the constitutional about the collegium system in place for the recommendation of judges to the High Courts, he said that the first call has to be taken by the concerned High Court where the judge is being appointed. advertisement'Ultimately, even the Supreme Court Collegium cannot dictate the High Court Collegium to recommend the names. The first call has to be taken by the High Court Collegium. We only recommend the names and request them to consider. Only after their satisfaction do the names come to the Supreme Court,' he said. The CJI also mentioned that a new full-fledged flag post will be ready at the Supreme Court before November 24, when Justice Surya Kant takes over as the Chief Justice of India. Calling Independence Day both a celebration and an act of remembrance, Justice Gavai spoke about historic struggles, including the 1855 Santhal 'Hul' rebellion, the 1857 uprising, Rani Laxmibai, Birsa Munda, the Jallianwala Bagh massacre, and the Champaran Satyagraha. He highlighted the sacrifices of thousands who stood against foreign rule and exploitation, uniting various sections of paid tribute to reformers like Jyotirao Phule and Savitribai Phule, who in the 19th century championed education for girls from marginalised communities, challenging caste hierarchies and societal Mahatma Gandhi, he said, 'The best way to find yourself is to lose yourself in the service of others,' noting that the message still serves as a moral compass for politics, governance, and Gavai remarked on the historic journey of the Santhal community, from leading the 1855 rebellion to having its daughter, President Droupadi Murmu, hold the highest constitutional office. He emphasised that building a just, equal, and inclusive India remains an unfinished concluded by saying that it is the solemn duty of judges and lawyers not only to interpret the law, but to actively uphold and defend the fundamental values of liberty, equality, and fraternity, which form the bedrock of India's democracy.- EndsTune InMust Watch


Mint
06-05-2025
- Politics
- Mint
Supreme Court makes judges' family ties, assets public in major transparency push
In a major push for transparency and awareness for the public, the Supreme Court has started to publish the asset declarations and familial ties of the sitting judges on its official website, in accordance with a full-court decision to place the relevant details in the public domain. The asset declarations cover judges' movable property and gold, as well as investments held by them, their spouses, and joint family members. Statements of assets of 21 judges that the Supreme Court has already received are being uploaded for the public and declaration of assets of other judges will be uploaded as and when the current statement of assets is received, the court said. In a notification dated May 5, the Supreme Court said that it has also placed complete details of the appointment process to the high courts and the top court on its website. Also Read | Supreme Court rejects bail for ex-IPS officer Sanjiv Bhatt. Here's why… The details include 'process of appointments to the High Courts and Supreme Court including the role assigned to the High Court Collegium, the role and inputs received from the State Governments, Government of India, and consideration by the Supreme Court Collegium, on its website for knowledge and awareness of the public.' The details also include the proposals approved by the Supreme Court Collegium for appointments as High Court Judges during the period 9th November 2022 to 5th May 2025, including the names, High Court, source whether from Service or Bar, date of recommendation by the Supreme Court Collegium, date of notification by Department of Justice, date of appointment, and special category (SC/ST/OBC/Minority/Woman)". The information in public mentions whether candidates' familial ties such as if they are related to any retired or sitting judge of the high court/Supreme Court. 'Statements of assets of Judges already received are being uploaded. Statement of assets of other Judges will be uploaded as and when the current statement of assets is received,' the Supreme Court said. First Published: 6 May 2025, 08:38 AM IST