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.

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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.

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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.