Chief Justice B.R. Gavai and Justice Surya Kant have voiced their disagreement with High Court judges who critique the expertise and skills of judges in lower courts. CJI Gavai emphasized that the High Courts and the Supreme Court are on equal footing as both are constitutional courts. The Supreme Court’s power extends only to correcting, modifying, or overturning High Court orders; it has no authority to assess the abilities or knowledge of individual High Court judges.
Justice Kant also suggested that High Court judges should offer mentorship, guidance, and support to their counterparts in the lower courts. He believes the judicial system benefits more from collaboration and direction than from simple criticism. Justice Kant is due to become the next CJI on November 24, succeeding Gavai.
The comments from the CJI and Justice Kant were made after a Supreme Court bench criticized a ruling from an Allahabad High Court judge. The bench described the order as “the worst and most incorrect” and criticized preventing the judge from hearing criminal cases. The bench later retracted its order and asked the High Court’s Chief Justice to look into the matter.