Supreme Court justice criticizes HC judges for lack of discipline and efficiency

NEW DELHI: Supreme Court 's justice Bhushan R Gavai on Monday shockingly noted that some high court judges discharge their judicial work for just one hour daily against a stipulated six hours, some misbehave with lawyers , and some others arrogate themselves to such an extent to summon government officials at the drop of a hat.

Speaking at the eastern zone judicial conference at National Judicial Academy, Kolkata, Justice Gavai said, "Some Judges in some HCs do not sit on time. It is shocking to know that some of the Judges, though the court timings are 10.30 am, sit at 11.30 am and get up at 12.30 pm though the court timings are up to 1.30 pm. It is more shocking to know that some of the judges do not sit in the second half."

Justice Gavai, who is part of the SC Collegium that selects candidates for judgeship, said, "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 judges and lawyers are co-equal partners in the administration of justice; none superior, none inferior. Misbehaving with lawyers does not enhance the dignity of the institution, but rather undermines it."

Deprecating the habit of certain HC judges to derive pleasure in summoning government officials at the drop of a hat, the SC judge said, "They should understand that Government officials are also required to discharge their duties in the field and unless the conduct is so reckless, such directions should be avoided."

He also cautioned HC judges against breaching judicial discipline by passing orders contrary to precedential judgments and said, "such a practice is not in consonance with the principle of judicial discipline and fraternity and harms the reputation of the pious Institution."

Justice Gavai, who would become CJI mid-next year, also found it rather strange that certain HC judges canvass for their elevation with SC judges when the Collegium decides appointments purely on merit and suitability. "When we are talking about discipline, it pains to mention that some of the Judges even go to the extent of canvassing their candidature for elevation to the Supreme Court," he said.

"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…. In my view, such canvassing by Judges is injurious to the principle of discipline that we should maintain," he said. The SC judge also appealed to HC judges to deliver judgments expeditiously and write in simple language for a litigant to understand.

He said the integrity of the judicial process is intertwined with the ability of the judges to remain unaffected by what is circulated in social media and decide cases solely based on law and facts, without being swayed by public sentiment or media commentary.

"While live telecasts of judicial proceedings of the SC and the HCs further the objective of judicial transparency and accountability, there are growing concerns about misinterpretation and misquoting of observations made by the judges in ongoing cases... Judges' remarks, intended as tentative thoughts or questions to probe the arguments of counsel, can be taken out of context and used to influence public opinion or pressure the judiciary," he said.

Touching upon the contentious issue of cooperative federalism, Justice Gavai said, "Goods and Services Tax (GST) was a step towards advancing cooperative federalism and strengthening the country’s economic integration…. 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 conflicts continue to arise despite a detailed constitutional framework for the distribution of powers between the Union and the States. "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 said.