In a significant development in the Indian judiciary, Advocate Somasekhar Sundaresan has been appointed as an additional judge of the Bombay High Court, following a two-year wait since his initial recommendation. The appointment, issued by the Central government, marks a notable addition to the Bombay High Court, enhancing its expertise in commercial law.
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Sundaresan’s journey to the bench began on October 4, 2021, when the Bombay High Court Collegium first recommended his name. This recommendation was subsequently endorsed by the Supreme Court Collegium, led by Chief Justice of India DY Chandrachud, on February 16, 2022. However, the Centre sought reconsideration of this recommendation on November 25, 2022, raising concerns over Sundaresan’s social media posts on various matters under judicial consideration.
Addressing these concerns, the Supreme Court Collegium reiterated its support for Sundaresan, emphasizing the constitutional right to free speech and expression under Article 19(1)(a). The Collegium stated,
“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.”
The Collegium further clarified that Sundaresan’s social media expressions did not indicate bias or political affiliations, dismissing the inference that he is a “highly biased opinionated person.”
Sundaresan’s specialization in commercial law was highlighted as a significant asset for the Bombay High Court, which handles a substantial volume of commercial and securities law cases. The Supreme Court Collegium noted,
“Sundaresan has specialized in commercial law and would be an asset to the Bombay High Court. The candidate fulfills the qualities of high integrity, honesty, skill, high order of emotional stability, firmness, serenity, legal soundness, ability, and endurance.”
The appointment of Sundaresan, who also serves on the Supreme Court’s expert committee reviewing the stock market’s regulatory mechanism and has contributed to several committees and working groups established by SEBI and the Ministry of Corporate Affairs, brings a wealth of experience and expertise to the Bombay High Court.
With Sundaresan assuming charge, the strength of the Bombay High Court judges rises to 69, against a sanctioned strength of 94. His appointment as an additional judge for two years is a standard procedure, with the possibility of being made permanent at the end of this term.
This appointment is a testament to the judiciary’s commitment to upholding the principles of free speech and merit-based selection, reinforcing the independence and integrity of India’s judicial system.