CJI Gavai: Supreme Court Collegium Can’t Impose Names on High Courts

Quick Summary

• Chief Justice of India (CJI) B.R. Gavai emphasized that the Supreme Court Collegium cannot dictate names for judicial appointments to High Court Collegiums and can only recommend them.
• The CJI reiterated that, constitutionally, the Supreme Court and State High Courts are neither superior nor inferior to each other. High Court Collegiums take the first call on judge recommendations.
• CJI stated his ongoing efforts in ensuring candidates practicing at the Supreme court are recommended and appointed to various State high Courts when appropriate.
• A representation by SCBA president Vikas singh called for widening selection pools for judges from lawyers in the apex court to address issues related to talent distribution among courts across states.
• As of August 1, 2025, there are 345 vacancies across India’s 25 State High Courts against a sanctioned strength of 1,122 judges.
• Friction between the judiciary and government over delayed approvals has contributed to these shortages. Currently, 29 recommendations made as november 9, 2022 remain pending with the government.

Indian Opinion Analysis
This clarification by Chief Justice Gavai underscores an crucial principle within India’s judiciary-that of cooperative federalism as applied to judicial administration. By affirming mutual respect between constitutional courts rather than a hierarchical approach, it seeks to maintain balance in power dynamics between levels of judiciary governance while addressing gaps like judge shortages at state levels.

The persistent delay by governmental authorities in acting on collegium-recommended names highlights structural inefficiencies undermining timely justice delivery-a critical concern given mounting vacancies in state courts affecting millions awaiting hearings across India.

Read More: The Hindu