In a recent interaction at Harvard Law School, Chief Justice of India, Justice DY Chandrachud, addressed the controversial appointment of Justice Victoria Gowri to the Madras High Court, emphasizing that past political affiliations and views should not disqualify individuals from becoming judges. This statement comes in the wake of Justice Gowri’s elevation, which was steeped in controversy due to her alleged affiliations with the Bharatiya Janata Party (BJP) and past remarks.
Chief Justice Chandrachud articulated,
“I am not sure whether we should be cold calling an individual merely for the views, which they may have held as lawyers, because I do believe that there is something in our profession, of judging, that once you assume judicial office, whether it is the peer training, the training which you undergo as judges, your experience as judge.”
He further added,
“Lawyers across their careers appear for a cross-section of clients. Lawyers don’t choose their clients. In fact, it is my firm belief that as a lawyer, you are duty-bound to appear for whoever comes to you in search of legal aid, much as a doctor has to administer medical aid to whoever comes to their clinic. You don’t presume the guilt or the lack of guilt of people who come to you.”
The Chief Justice also highlighted the case of Justice VR Krishna Iyer, one of India’s most revered judges, who had a political background.
“One of our greatest judges, Justice Krishna Iyer, who came out with some of the finest judgments, had a political background,”
said Justice Chandrachud.
Regarding Justice Gowri’s case, he noted that the Supreme Court Collegium scrutinized her political affiliations and the nature of her alleged speeches very carefully.
“You said that she was a member of a political party. We looked at it very, very carefully. The nature of the speech, which that judge is alleged to have made at a particular point of time, again, is looked at very carefully,”
he explained.
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Justice Gowri’s elevation was challenged in the Supreme Court, primarily due to her alleged remarks against Islam and Christianity, which are available on YouTube, and her affiliation with the BJP, as indicated by an unverified Twitter account. However, the top court dismissed the petitions against her appointment.
In his conversation, CJI Chandrachud was asked why the Collegium did not withdraw Justice Gowri’s recommendation, at least on the administrative side. He responded by emphasizing the thorough enquiry into the “antecedents and background of the candidate” that precedes judicial appointments.
This discussion by the Chief Justice sheds light on the complex and nuanced process of judicial appointments in India, highlighting the balance between a lawyer’s past affiliations and their potential role as a judge. Justice Gowri, who was a BJP functionary, was appointed as a Madras High Court judge in February this year, a decision that continues to evoke debate in legal and political circles.
