Collegium System ‘Best Suited for Now’: Former CJI B R Gavai raises concern over pending Judge Appointments

Former Chief Justice of India Justice B R Gavai has endorsed the collegium system as the most workable model for judicial appointments in India at present, while also raising concerns over delays by the executive in clearing recommendations. Speaking at an event organised by the Supreme Court Bar Association, he highlighted systemic bottlenecks affecting judicial efficiency, making the remarks significant amid ongoing debates over appointments and rising pendency in courts.

Addressing concerns around transparency and functioning, Justice Gavai explained that the collegium process involves multiple institutional inputs, including recommendations from High Courts and feedback from the government, before final decisions are taken. He pointed to a persistent gap between sanctioned judicial strength and actual appointments, noting that even reiterated recommendations often remain pending with the executive.

The remarks also extended to broader structural concerns, including routine state challenges to bail orders and the continued absence of a national litigation policy, both contributing to mounting case backlogs.

On the issue of appointments, the former CJI underscored that judicial precedents mandate compliance by the executive once a name is reiterated by the collegium. He candidly observed, “there are various names which, even on the second recommendation, are not yet cleared,” stressing that the issue requires urgent attention rather than institutional blame.

He further defended judicial intervention in governance matters, stating that courts step in only where constitutional balance or fundamental rights are at stake, and cannot remain silent in the face of arbitrary executive action.