SC Is not CJI's court: CJI cites Justices Khanna & Lalit's efforts to ensure collective functioning
Nagpur: Chief Justice of India BR Gavai has reiterated that the Supreme Court does not function as the personal court of the Chief Justice, but as a collective institution guided by the wisdom and opinions of all its judges. Speaking at a felicitation event organized by the High Court Bar Association of Nagpur, his hometown, CJI Gavai emphasized the principle of judicial equality and collaborative decision-making within the apex court.
Echoing the stance of his predecessors, Justices UU Lalit and Sanjiv Khanna, CJI Gavai stated, “Like Justices Khanna and Lalit, I too am a firm believer in the principle that a CJI is only the ‘first among equals’ and not the ‘Master of the Supreme Court.’”
He noted that administrative decisions of the Supreme Court are not taken unilaterally by the Chief Justice but through full court deliberations. He cited the recent example of a full court meeting held after his elevation to the office, similar to the one convened by Justice Khanna. “There is a growing belief that the SC is a CJI's court and not the court of all the judges. But I must say, with a matter of pride, that Justices Lalit and Khanna and even I have attempted to dispel this notion,” he said.
CJI Gavai specifically referred to the removal of glass panels from Supreme Court corridors, a decision publicly clarified as one taken by the full court to address concerns raised by the bar and to restore the institution’s original grandeur.
Addressing the broader role of the judiciary, CJI Gavai asserted that judicial activism becomes necessary when other branches of the State, namely the legislature and executive, fail to protect citizens’ rights. However, he cautioned that such activism should not devolve into “judicial adventurism or judicial terrorism.”
“I always felt that judicial activism was necessary because whenever the executive or the legislature fails, the judiciary has to step in as a custodian of the rights of the citizens,” he said, while underscoring the importance of each constitutional wing functioning within its designated sphere.
Highlighting the ethos of judicial service, the CJI remarked, “Judgeship isn't a job but a service to society and the nation.” He added that he continues to see himself as a learner, drawing insights from peers and colleagues across the legal fraternity.
Commenting on the functioning of the Collegium system for judicial appointments, CJI Gavai said that efforts are underway to maintain transparency and uphold seniority and merit. “We are interacting with candidates, and we find that interactions work their way out,” he said, citing the elevation of Justice Atul Chandurkar to the Supreme Court as a recent example of merit-based appointment.
In a related remark at the same event, Justice Dipankar Datta stated that not all recommendations of the Supreme Court Collegium are acted upon, often due to ‘external forces.’
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BJP, TMC hail SC directions on counting of votes for West Bengal polls
Kolkata (PTI): The BJP and TMC on Saturday both hailed the SC directions on the Election Commission's circular over the deployment of central government personnel for vote counting in West Bengal.
The apex court on Saturday said no further order was necessary on the TMC's plea challenging the Calcutta High Court's dismissal of its petition against the April 13 circular.
In a social media post, BJP leader Amit Malviya said, "In yet another legal setback, the Supreme Court has refused to intervene. The Trinamool Congress had approached the court challenging the exclusion of state government employees from vote-counting supervisor duties, and had sought an urgent hearing."
"The refusal to entertain this plea underscores a clear message -- attempts to influence or cast doubt over the integrity of the counting process will not find easy validation. Another day, another judicial rebuff for Mamata Banerjee," he added.
The TMC, however, claimed that the SC directions vindicated its stand.
"The issue raised before the Hon'ble Supreme Court pertained to the implementation of the said communication in a manner whereby only Central Government/Central PSU employees were being appointed as Counting Supervisors and Counting Assistants for counting of votes," the party said in a statement.
The TMC said it was highlighted that such an interpretation and implementation of the communication would be contrary to the framework of a fair and balanced counting process.
"After hearing the parties, the Hon'ble Supreme Court directed that Clause 1 of the communication dated 13.04.2026, relating to the appointment of Counting Supervisors and Counting Assistants, must be read along with the salient feature contained in the second page of the said communication, which provides for random selection of both State Government and Central Government employees," it said.
"The Hon'ble Supreme Court has further recorded the undertaking of Mr Dama Seshadri Naidu, learned Senior Advocate appearing for the Election Commission of India that the said communication shall be followed in its letter and spirit," it added.
The TMC said that in view of the directions, it is expected that the counting of votes shall be conducted in a fair, transparent, and balanced manner.
A special bench of Justices P S Narasimha and Joymalya Bagchi said the EC can choose the counting personnel, and its April 13 circular, which provides for deployment of state government employees as well, cannot be said to be incorrect.
The poll body said the apprehensions of TMC of any wrongdoing are misplaced, as the circular very clearly states that there will be a mix of central and state government employees.
The EC assured the court that the circular would be implemented in letter and spirit, and there would be state government employees also during the counting of votes on May 4.
Polling for the 294-member West Bengal assembly was held in two phases -- April 23 and April 29. The counting of votes will be taken up on May 4.
On April 30, the Calcutta High Court dismissed the TMC's petition against the Election Commission circular, saying there was no illegality in the poll panel's decision to appoint counting supervisors and assistants from Central government and Public Sector Undertaking (PSU) employees, instead of the state government staff.
