New Delhi, August 15, 2025 (Bharat Khabarnama Bureau) — In a landmark Independence Day address at the Supreme Court Bar Association (SCBA) event, Chief Justice of India B. R. Gavai reaffirmed the constitutional parity between the Supreme Court (SC) and the High Courts (HC), asserting that the SC collegium has no authority to dictate whom HC collegiums should recommend for elevation as judges.   
“The Supreme Court is not a superior court to the High Court… both the Supreme Court and High Courts are constitutional courts, and so far as the constitutional scheme is concerned, they are neither inferior nor superior to each other,” Gavai emphasised.
Decision-making in appointments rests with High Courts
CJI Gavai made it crystal clear that the first call regarding judicial appointments lies exclusively with HC collegiums. While the SC collegium may recommend names, it is ultimately up to the HC collegium to review, vet, and decide whether those names deserve elevation. Only after the HC collegium’s approval does the matter proceed to the Supreme Court.  
Addressing concerns raised by SCBA
The SCBA President, Vikas Singh, flagged concerns that lawyer appointments to High Courts often overlook those practicing before the SC, advocating for a transparent database of all eligible judicial candidates. Responding to this, CJI Gavai acknowledged the concern but reiterated that even such recommendations from SC collegium cannot override the autonomy of HC collegiums:
“Ultimately, even the SC collegium cannot dictate the HC collegium to recommend the names,” he affirmed.
Nevertheless, he added that the SC collegium has successfully recommended several SC practitioners to HC judgeships in the past, and more such recommendations are underway.
Judicial independence and mutual respect
Gavai’s remarks come amid a larger narrative reinforcing judicial independence and institutional respect across court levels. Earlier, he highlighted that the SC holds no administrative control over High Courts, while also emphasizing the duty to safeguard HC judges from scandalous or baseless allegations.
Further strengthening the theme of collegiality, CJI Gavai’s June remarks underscored that proposed reforms to the collegium system must not compromise judicial independence.
In his address, CJI Gavai also drew inspiration from the nation’s freedom struggle, citing reformers like Jyotirao and Savitribai Phule and underscoring the moral duty of legal professionals to ensure justice for even seemingly insignificant causes. He urged lawyers and judges to interpret law in ways that expand freedom, uphold marginalized rights and enrich the rule of law.
