NEW DELHI: CJI BR Gavai said on Friday that the Supreme Court collegium cannot dictate a high court collegium to recommend a particular name for judgeship, emphasising that both are constitutional courts and neither is superior to the other.
The CJI was speaking at a function organised by the Supreme Court Bar Association (SCBA) to celebrate the country’s 79th Independence Day on Friday, where SCBA president Vikas Singh urged the Supreme Court collegium to also consider lawyers practising in the apex court for high court judgeships, irrespective of whether they have practised there.
“Ultimately, even the Supreme Court Collegium can’t dictate the high court collegium to recommend the names... the SC is not a superior court to the HC,” CJI Gavai said.Remembering those who sacrificed their lives for the country’s independence, he added, “On this Independence Day, let us not only salute the flag, but also the spirit it represents — of liberty that refuses to be silenced, of equality that admits no hierarchy, of fraternity that knows no walls.”
He said Independence Day was “not only a celebration, but also an act of remembrance” — of those whose courage lit the path to freedom before 1947, and whose vision must guide the present. He urged that India should be one where “no child is denied education because of her caste or poverty, no woman walks in fear, and no citizen is too small to be heard.”
Calling it a solemn duty, the CJI said judges and lawyers must not merely interpret and apply the law but also uphold and embody the Constitution’s fundamental values. “We are entrusted with the responsibility to promote, protect, imbibe and defend liberty, equality and fraternity — the bedrock of our democracy,” he added.
Recalling lawyers’ role in the freedom struggle, he said they argued fearlessly, challenged injustice, and defended the vulnerable, often at great personal risk. “Every case you handle, every argument you advance, contributes to the moral and social fabric of our nation,” he told lawyers. Speaking on judges’ role, he said they must give a purposive interpretation to constitutional values, expand freedom, protect marginalised rights and strengthen the rule of law. He also cited events from Jallianwala Bagh to Champaran Satyagraha and the Salt March, noting Gandhi’s ability to unite diverse groups under peaceful resistance.