Supreme Court is Not Superior to High Court, Says CJI BR Gavai on Independence Day

Chief Justice of India BR Gavai attended a program organized on the occasion of the 79th Independence Day. Speaking at the event, the CJI emphasized that the Supreme Court is not superior to the High Courts. He stated that both institutions are constitutional courts and equal in their constitutional status.

He clarified that the Supreme Court Collegium does not have the authority to direct a High Court Collegium to recommend any specific candidate for a judgeship. His remarks came during an address to the Supreme Court Bar Association, where legal professionals and dignitaries were present.

High Court and Supreme Court share equal constitutional status

CJI Gavai said that the High Courts and the Supreme Court hold equal importance under the Constitution. He underlined that neither court is higher or lower in constitutional hierarchy. The difference lies only in their jurisdictions, not in their status as constitutional courts.

He reiterated that the Supreme Court Collegium cannot instruct the High Court Collegium to put forward any particular name. Instead, the process involves mutual consultation and respect between the two constitutional bodies.

Judges’ appointments start with the High Court

Chief Justice Gavai explained that the first decision regarding the appointment of judges comes from the High Court Collegium. The Supreme Court Collegium only recommends names and requests the High Court Collegium to consider them.

He added that once the High Court Collegium is satisfied with a candidate’s eligibility, the name is sent to the Supreme Court. The final recommendation then proceeds to the central government for approval.

Initiative by former CJI Sanjiv Khanna

CJI Gavai credited former Chief Justice Sanjiv Khanna for introducing a helpful practice in the collegium process. During Khanna’s tenure, the Supreme Court Collegium began holding discussions with candidates before making recommendations.

He said that even a half-hour conversation with a candidate can provide insight into their suitability for contributing to society. This interaction, according to him, has been beneficial in identifying deserving candidates for the judiciary.

No case is too small, says CJI

The Chief Justice also spoke about the importance of every case handled by the judiciary. Drawing inspiration from the legacy of freedom fighters, he urged legal professionals to treat every case with seriousness.

He said that what might seem like a minor dispute to one person could be a matter of life, dignity, or survival for another. Every decision, he stressed, contributes to the moral and social fabric of the nation.

Presence of dignitaries at the event

Union Law Minister Arjun Ram Meghwal attended the ceremony, along with other judges of the Supreme Court. The gathering marked not only the celebration of Independence Day but also a reflection on the judiciary’s role in upholding constitutional values.

CJI Gavai highlighted the historic contribution of the Santhal community, noting that they were among the first to rise against British rule in 1855. He remarked that it is the nation’s fortune that the current President, Droupadi Murmu, hails from this community and now holds the highest constitutional position in India.

Message for the legal fraternity

The Chief Justice’s address served as a reminder of the judiciary’s duty to remain fair, independent, and accessible. He encouraged members of the legal profession to value each case, regardless of its scale, and to see their work as part of the nation’s progress.

His remarks on the collegium system also aimed to clear misconceptions about the relationship between the Supreme Court and High Courts. By reaffirming their equal constitutional status, he reinforced the principle of cooperative functioning between different levels of the judiciary.

CJI BR Gavai’s Independence Day speech was both a legal clarification and a motivational message. By asserting that the Supreme Court is not superior to the High Court, he emphasized the importance of equality within the judiciary. His insights into the collegium process, the role of discussions with candidates, and the dignity of every case reflect his vision for a balanced and respectful judicial system.

The presence of prominent leaders and legal experts at the event underlined the relevance of his words in shaping public understanding of India’s constitutional framework.