New Delhi : Supreme Court judge BR Gavai admonished certain high court judges for not adhering to punctuality and the judicial discipline, saying that “some of the judges in some of the high courts do not sit on time”, and “the lawyers are not treated with the dignity they deserve and are often humiliated by judges’”.
Justice Gavai, who is in line to become the chief justice of India (CJI) in May 2025, stressed that canvassing, for elevation to the apex court, by the high court judges’ is injurious to the principle of discipline.
Speaking at the judicial academy in Kolkata on June 29, Justice Gavai said: “Some of the Judges in some of the high courts do not sit on time. It is shocking to know that some of the Judges, though the court timings are 10.30 a.m., sit at 11.30 a.m. and get up at 12.30 p.m. though the court timings are up to 1.30 p.m. It is more shocking to know that some of the Judges do not sit in the second half”.
Justice Gavai said it is our duty to enhance the faith that this common citizen has in our institution and to ensure that "we perform in a manner which not only enhances its faith but also the dignity of this great institution to which we owe everything".
He said that information is also received about how the judges’ behave with the lawyers. “The lawyers are not treated with the dignity they deserve and are often humiliated by judges. We should not forget that the judges and lawyers are co-equal partners in the administration of justice; none superior, none inferior”, said Justice Gavai.
Stressing on the importance of judicial discipline, Justice Gavai said: “it pains to mention that some of the judges even go to the extent of canvassing their candidature for elevation to the Supreme Court. They try to prove their case as to how they are more suitable for elevation to the Supreme Court than the other senior judges of the said court”.
He made it clear that the collegium works on a database which has the information of all the judges’ who are in the zone of consideration. “Apart from that, inputs from various sources including the opinions of the Consultee Judges in the Supreme Court who had an occasion to examine the functioning of such Judges are also taken into consideration. In my view, such canvassing by Judges is injurious to the principle of discipline that we should maintain”, said Justice Gavai.
Justice Gavai also said judgments should not be kept pending for long as it leads to “eroding the confidence of the public in the judiciary”.
On cooperative federalism, Justice Gavai said: “While cooperative federalism is essential for maintaining India’s unity and integrity, competition, contestation or friction between the different federal units, when exercised in a democratic and constitutional manner, is equally necessary for the country’s overall development”.
He said the Union List, State List, and Concurrent List delineate the subjects on which each level of government can legislate. “Despite this clear demarcation, conflicts inevitably arise due to overlapping jurisdictions, differing political interests, and the evolving nature of governance challenges. Therefore, courts have to play a crucial role in resolving the conflict”, he added.
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