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SC Collegium Rejects Govt's Objections to Judge Appointment for Political 'Sympathies'

"...the mere fact that the candidate has had a political background may not be a sufficient reason [to deny elevation] in all cases," the Collegium said.
The Supreme Court of India building. Photo: Wikimedia Commons

New Delhi: The Supreme Court Collegium headed by Chief Justice of India D.Y. Chandrachud rejected the Union government’s objections to the elevation of advocate Manoj Pulamby Madhavan as a Kerala high court judge. The government had claimed that Madhavan was not fit to be a judge as “Madhavan is a CPI(M) sympathiser and was appointed as government pleader in 2010 and 2016-2021 by the LDF Government.”

According to Deccan Herald, the Collegium has called the government’s reasons were “vague and bereft of cogent grounds”. “Even otherwise, the mere fact that the candidate has had a political background may not be a sufficient reason in all cases,” the Collegium continued.

The Collegium also comprises Justices Sanjiv Khanna and B.R. Gavai.

The Collegium also referenced the controversial elevation of Lekshmana Chandra Victoria Gowri, who was made a Madras high court judge in 2023. Gowri had drawn criticism for her controversial remarks against religious minorities and her alleged links with the Bharatiya Janata Party.

“For example, in the recent past, an advocate has been appointed as a Judge of the High Court though she was an office bearer of a political party prior to her elevation,” the Collegium said when responding on Madhavan’s elevation.

Madhavan is from a Scheduled Caste community.

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