On March 12, 2024, the Supreme Court collegium, led by Chief Justice D.Y. Chandrachud, recommended Shri Manoj Pulamby Madhavan for appointment as a Judge of the Kerala High Court. The collegium thoroughly assessed all available records to determine Shri Manoj’s suitability for the position. The Department of Justice had noted that Shri Manoj had affiliations with the CPI(M) and served as a Government Pleader during the tenure of the LDF Government from 2010 to 2021.
Regarding the observation about Shri Manoj’s CPI(M) sympathies, the collegium found it to be vague and lacking substantial grounds for rejection. It emphasized that a candidate’s political background alone may not justify rejecting their appointment as a judge. The collegium resolution stated, “The input that the candidate is considered to be a CPI(M) sympathizer is otherwise vague and bereft of cogent grounds.”
The collegium referenced the appointment of Justice Victoria Gowri to the Madras High Court, noting that she had previously held office in a political party before her elevation. Additionally, it highlighted that Shri Manoj’s experience as a government pleader did not warrant rejection of his candidacy; rather, it suggested that he had gained valuable experience handling diverse cases involving the State.
Furthermore, the collegium asserted that a candidate’s political background should not automatically disqualify them from consideration. It affirmed, “…the mere fact that the candidate has had a political background may not be a sufficient reason in all cases.” Finally, it concluded that Shri Manoj, as a SC candidate with ample experience practicing law, was deserving of appointment as a High Court Judge.
