New Delhi. The current Chief Justice of the Supreme Court, Justice BR Gavai, while talking on the appointment of judges, said that Jawaharlal Nehru and Indira Gandhi had arbitrarily done the appointment of CJI. He ignored the most senior judges and made Junior Chief Justice from him. During his address on the topic of ‘Judicial Validity and Public Faith’ at the Round Table Conference organized by the UK Supreme Court, he questioned the executive and said that the judges are required to be independent for justice. CJI Gawai also mentioned the collegium.
Justice Gawai said that there has always been a dispute in India over the appointment of judges. This dispute has been about priority in judicial appointments between the judiciary and the executive. By the year 1993, the final decision of appointment of judges in the Supreme Court and High Court was of the executive. During this time, two such cases of appointment of judges were sidelined when seniority was sidelined. CJI Gawai said that in 1964, Justice Syed Jafar Imam was not made the Chief Justice of the Supreme Court despite seniority as he was suffering from health problems. The then Prime Minister Jawaharlal Nehru’s government appointed Justice PB Gajendragarhkar to the post of CJI.
Similarly, Justice H.R. Khanna faced the displeasure of the then PM Indira Gandhi in 1977. HR was angry with him due to an disagreement given by HR Khanna in the Emergency (ADM Jabalpur vs Shivkant Shukla) case. Due to this, Judge MH Baig was made CJI Judge. Justice Khanna resigned from the post of Supreme Court judge due to displeasure with this decision. Chief Justice Gavai also questioned the judge to take up government posts after retirement or resign and contest elections. He said that it is going to create moral concerns.
