Collegium, not Convenience: CJI Gavai Cautions Center over Delayed and Selective Approach
Akshaj Joshi
June 21, 2025
The Chief Justice of India, B.R. Gavai, has cautioned the Union Government against the selective implementation of Collegium recommendations. The Chief Justice of India conveyed that the transfers and appointments should not be by segregating names or for selective compliance.
It has been reported that such caution arises out of the very first Collegium meeting, which CJI Gavai presided over on 26th May, where, besides such reported caution, a major reshuffle of High Court Judges and elevation of Judges to the Supreme Court took place.
“CJI Gavai was emphatic that segregating names from a batch of recommendations not only disturbs the seniority of judges but also sends an improper message about the collegium’s authority and functioning,” report says.
The report also records that previous recommendations of former CJI’s are still pending, a delay attributed to the government's decision to selectively segregate the names.
To the contrary, the report also records that collegium recommendations in regard to the transfer and appointment of judges/Chief Justice, only one had been held up due to a delayed consent have been cleared and are likely to be formally notified within the coming week.
“All the files, except one where the consent of the judge concerned reached late and led to some administrative issue, have been cleared and are awaiting final notification by the government. They may happen within a week.”
It is to be noted that this is not the first instance where the center has been warned regarding the same. In 2014 Former CJI RM Lodha criticized the ‘unilateral segregation’ of the Center to exclude former Solicitor General Gopal Subramanium from the list of four candidates recommended for elevation to the Supreme Court.
In November 2023, Former Supreme Court Justice Sanjay Kishan Kaul had cautioned the Union that selective appointments, transfers risk ‘embarrassing’ outcomes.