Political Background Not Sufficient Reason To Deny Judgeship: Supreme Court Collegium Rejects Centre's Objection Over CPI(M) Affiliation

In evaluating the suitability of Shri Manoj, the collegium evaluated and scrutinized all the materials available on record. The Department of Justice had observed that Shri Manoj was a CPI(M) sympathiser and was appointed as a Government Pleader in 2010 and 2016-2021 by the LDF Government.

The collegium stated that the observation that Shri Manoj was a CPI(M) sympathiser was 'extremely vague'. It stated that the political background of a candidate may not be a sufficient reason to reject his appointment as a judge. “The input that the candidate is considered to be a CPI(M) sympathizer is otherwise vague and bereft of cogent grounds”, stated the collegium resolution.

"Even otherwise, the mere fact that the candidate has had a political background may not be a sufficient reason in all cases."

Seemingly referring to last year's appointment of Justice Victoria Gowri in the Madras High Court, the Collegium stated, "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."

Also, the collegium stated that the appointment of Shri Manoj as a government pleader does not constitute a valid or sufficient ground to reject his candidature. Contrarily, they noted that this would indicate that Shri Manoj might have acquired sufficient experience in handling diverse types of cases where the State was a party.

"..the candidate being a SC candidate with sufficient practice at the Bar is worthy of being appointed as a Judge of the High Court, " it said.

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