CJI B.R. Gavai and Justice Surya Kant have expressed their disapproval of High Court judges commenting on the knowledge and abilities of lower court judges. The CJI clarified that High Courts are not under the jurisdiction of the Supreme Court, as both are constitutional courts. The Supreme Court’s role is limited to correcting, modifying, or annulling High Court orders; it does not have the constitutional authority to comment on the competence or knowledge of individual High Court judges.
Justice Kant added that High Court judges should serve as mentors, advisors, and guides for lower court judges. He believes that in the three-tiered judicial system, a constructive approach with encouragement and guidance will yield better outcomes compared to mere criticism and admonishment. Justice Kant is scheduled to take over from Gavai as the next CJI on November 24.
Their comments follow a Supreme Court bench’s criticism of an Allahabad High Court judge’s order, which was labeled “the worst and most incorrect.” The bench has withdrawn its instruction to remove the judge, instead asking the High Court’s Chief Justice to review the matter.