New Delhi: Chief Justice of India BR Gavai and Justice Surya Kant, who will succeed him, have disapproved the tendency of judges of superior courts to make comments on the knowledge and ability of lower court judges, and said Supreme Court and high courts are only to correct, modify impugned orders/judgments, or set them aside, if they were perverse.
“HCs are not subordinate to SC as both are constitutional courts. SC can only rectify, modify or set aside the orders/judgments of HCs. The Constitution gives no authority to comment on the ability, capability or knowledge of individual judges of HCs,” the CJI told TOI. Justice Kant agreed. “Superior court judges must discharge their role as friend, philosopher and guide for lower court judges. In the three-tiered justice delivery system, persuasion and guidance yields better results than criticism and castigation,” said Justice Kant.
Endorsing the vision encapsulated in the saying ‘a judge who has not committed a mistake is yet to be born’, CJI Gavai told TOI that the same principle applies to HC judges, who should refrain from castigating judicial officers on the ground of lack of ability, knowledge or capability while hearing appeals against impugned orders authored by them. Justice Kant said HC judges and judicial officers come from myriad social strata and bring with them a wealth of real life experiences which can be harnessed, modulated and sharpened with legal training to enrich the justice delivery system to meet day-to-day challenges of open court hearing and address grievances of litigants.”On the judicial side, SC has no authority to dictate to HCs which of their judges would hear which types of cases or the manner in which cases are to be decided. It can only lead by example and guide them with its judgments,” Justice Kant said.
