Chief Justice of India B.R. Gavai and Justice Surya Kant have expressed their views on the relationship between the High Courts and lower courts, emphasizing the need for collaboration rather than criticism. They disapprove of High Court judges commenting on the knowledge and abilities of lower court judges, asserting that both are constitutional courts, making them equal. The Supreme Court’s role is limited to correcting, modifying, or annulling High Court orders, and it cannot comment on the competence of High Court judges.
Justice Kant highlighted that High Court judges should serve as mentors, guiding and supporting their counterparts in the lower courts. In the three-tiered judicial system, a constructive approach emphasizing guidance and encouragement is more beneficial than criticism. Justice Kant is set to take over as CJI on November 24.
These comments were made after a Supreme Court bench criticized an order from an Allahabad High Court judge, calling it “the worst and most incorrect.” The bench subsequently withdrew its instructions to remove the judge, instead asking the High Court’s Chief Justice to consider the matter.