Centre Notifies Appointment Of Advocate Somasekhar Sundaresan As Additional Judge At Bombay High Court

In a recent development, Advocate Somasekhar Sundaresan has been appointed to be an additional judge in Bombay High Court.

The Collegium of Bombay High Court recommended the name of Advocate Somasekhar Sundaresan on 04 October 2021. On 16 February 2022, the Supreme Court Collegium recommended the name of Somasekhar Sundaresan for appointment as a Judge of the Bombay High Court. On 25 November, 2022, the Government has sought reconsideration of the said recommendation. The Centre's objection was that he has aired his views in the social media on several matters which are the subject matter of consideration before the courts.

However, in January 2023, reiterating Advocate Somasekhar Sundaresan’s name the collegium said-

"The manner in which the candidate has expressed his views does not justify the inference that he is a “highly biased opinionated person” or that he has been “selectively critical on the social media on the important policies, initiatives and directions of the Government” (as indicated in the objections of Department of Justice) nor is there any material to indicate that the expressions used by the candidate are suggestive of his links with any political party with strong ideological leanings."

It may be recalled that the collegium of Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul and Justice KM Joseph had also held that–

“All citizens have the right to free speech and expression under Article 19(1)(a) of the Constitution. Expression of views by a candidate does not disentitle him to hold a constitutional office so long as the person proposed for judgeship is a person of competence, merit and integrity.”

It is to be noted that Advocate Somasekhar Sundaresan was a member of the recent Expert Committee constituted by the Supreme Court to review India's regulatory mechanism in the light of Adani-Hindenburg issue.