‘Suitability’ of a candidate for judgeship can’t be gone into: Supreme Court
Satya Prakash
New Delhi, February 10
Highlighting the difference between “eligibility” and “suitability”, the Supreme Court on Friday said it can only decide whether the candidate recommended for appointment as a judge met the eligibility criteria prescribed under the Constitution; and not her suitability for judgeship.
“Eligibility is an objective factor which is determined by applying the parameters or qualifications specified in Article 217(2). Therefore, when eligibility is put in question, the question would fall within the scope of judicial review. However, the question whether a person is fit to be appointed as a judge essentially involves the aspect of suitability and stands excluded from the purview of judicial review,” said a Bench of Justice Sanjiv Khanna and Justice BR Gavai.
The Bench, which had on February 7 refused to entertain a petition seeking to restrain advocate Lekshmana Chandra Victoria Gowri from taking oath as an additional judge of the Madras High Court, delivered a detained reasoned verdict on Friday. She took oath as a judge while the top court heard a petition against her appointment.
It said calling upon the Supreme Court Collegium to reconsider its decision would be contrary to the top court’s rulings in earlier decisions and would amount to evaluating and substituting the decision of the Collegium, with individual or personal opinion on the suitability and merits of the person.
Explaining the process of appointment of high court judges, the Bench said, “… after the Collegium of the High Court makes a recommendation for elevation, inputs are received from the intelligence agencies, which conduct a background check, and comments from the government are considered by the Collegium of the Supreme Court consisting of the Chief Justice of India and two senior-most Judges.
“Opinion and comments of the judges in this court conversant with the affairs of the High Court concerned are called for in writing and placed before the Collegium. Invariably, a number of shoot down and dismissive letters and communications from all quarters are received. Only thereafter, and on consideration, the Collegium of the Supreme Court takes a final call, which is then communicated to the government,” it said.
Noting that Justice Gowri has already taken oath, the Bench said, “On taking oath the person pledges to work as a judge to uphold the Constitution and the laws… Not only is the conduct and judgments delivered considered at the time of confirmation, a judge is judged everyday by the lawyers, litigants and the public, as the courts are open and the judges speak by giving reasons in writing for their decisions.”
